January 1992 Providence, RI

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					AMERICANS WITH DISABILITIES ACT:


           Self Evaluation and

            Compliance Plan

                 for the

          State of Rhode Island

       and Providence Plantations




             Prepared by the
       RI Coordinating Committee on the
        Americans with Disabilities Act


                of the
Governor’s Commission on the Handicapped




             January 1992

            Providence, RI
                        RI COORDINATING COMMITTEE ON THE ADA

                                           Chairperson
                                       Nancy Husted—Jensen
                                     RI Executive Department
                             Governor’s Commission on the Handicapped

              Bonnie Abols                        Donald Deignan
                                                  RI Attorney General’s Office
          Nick Palazzo
RI Commission for Human Rights                    Beverly Dwyer
                                                  RI Dept of Administration
                                                  Office of Personnel Administration
Joseph Cirillo                                    Anthony Zompa
RI Department of Administration                   RI Dept of Elderly Affairs
State Building Commission
Frank Walker                                      Frederick J. Vincent
RI Department of Elementary and                   RI Department of Environmental
Secondary Education                               Management
William Messore                                   Marie McGlynn
RI Department of Human Services                   RI Dept of Transportation
Bob Leterneau:                                    Peter Dennehy
RI Department of Transportation                   RI Executive Department
                                                  Governor’s Office
Michell O’Brien                                   Josephine J. DiRuzzo
RI Executive Department                           RI General Treasurer’s Office
Lt. Governor’s Office
Ray Harrison                                      Gail Higgins Fogarty
RI House of Representatives                       RI Judiciary
Orestes Monterecy                                 Douglas Brown
RI Office of Higher Education                     RI Public Transit Authority
Bruce Stevenson                                   Judy Dennis—Hertzler
RI Public Utilities Commission                    RI Secretary of State Office
Alan Merrit                                       Janet Armstrong
RI Senate                                         RI State Board of Elections
                               STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS




Executive Department
GOVERNORS COMMISSION
ON THE HANDICAPPED
Building 51, 3rd fl, 555 Valley Street
Providence, R.I. 02908 - 5686
(401) 277-3731 (v / tdd)
(RI only) 1 -800-752-8088 ext. 3731

                                                                                          December 20, 1991
His Excellency Governor Bruce Sundlun
Governor of the State of
Rhode Island and Providence Plantations
State House
Providence, RI 02903
Dear Governor Sundlun:
As Chairperson of the RI Coordinating Committee on the Americans with Disabilities Act (ADA) I
respectfully submit the Americans with Disabilities Act: Self Evaluation and Compliance Plan for the State of
Rhode Island and Providence Plantations for your review and approval. This report is the result of the efforts
of 63 volunteers and 67 state agency ADA coordinators who evaluated the current services, policies, and
practices, and the effects thereof and determined which might not meet the requirements of Titles I and II of
the ADA and the U. S. Equal Employment Opportunity Commission and U. S. Department of Justice
regulations. This report not only identifies those areas where the state needs to make improvements but
describes the plan of action to bring about compliance, the agency responsible to undertake each action, the
projected deadline for accomplishing each action, and an estimated cost of compliance.
The RI Public Transit Authority and the RI Department of Transportation will be submitting separate self
evaluation and compliance plans regarding compliance with the transportation provisions of Title II of the
ADA and the U. S. Department of Transportation’s regulations and the pedestrian walkways provisions of the
U. S. Department of Justice’s regulation.
We have been honored to have been able to serve in this most important endeavor, and look forward to
implementing the plan over the next few years.
Sincerely,


Nancy Husted-Jensen
Chairperson

               cc: Speaker of the House DeAngelis, Senator Bevilacqua, Majority
               Leader, Chief Justice Fay, Lt. Governor Begin, Attorney General
               O’Neil, Secretary of State Connell, General Treasurer Solomon,
               Chairman Lippitt, Board of Regents, Chairman Corr, Board of
               Governors, & Chairperson Register, Public Transit Authority
                       AMERICANS WITH DISABILITIES ACT:
                   SELF EVALUATION AND COMPLIANCE PLAN
                                    for the
             STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

                                     January 24, 1992


______________________                                  _______________________
Bruce Sundlun Governor                                  Anthony Solomon
Governor                                                General Treasurer


______________________                                  _______________________
Joseph DeAngelis                                        Frederick Lippitt
Speaker of the House of                                 Chairman
Representatives                                         Board of Regents for Elementary
                                                        and Secondary Education


______________________                                  ________________________
John Bevilacqua                                         Richard A. Licht
Senate Majority Leader                                  Chairman
                                                        Board of Governors for Higher
                                                        Education



_____________________                                   _________________________

Thomas Fay                                                Penelope W. Register
Chief Justice Judiciary Department                      Chairperson
                                                        Public Transit Authority

______________________
Roger Begin
Lieutenant Governor

                                                        _____________________________
                                                        Nancy Husted-Jensen
_______________________                                 Chairperson
James O’Neil                                            Governor’s Commission on the
Attorney General                                        Handicapped



_______________________
Kathleen Connell
Secretary of State
State of Rhode Island
and Providence Plantations


Bruce Sundlun, Governor



                                                                       January 30, 1992



Nancy Husted-Jensen, Chairperson
Governor’s Commission
on the Handicapped
555 Valley Street, Building 51
Providence, RI 02908-5686

Dear Nancy:

I want to commend you, the Commission, and the Coordinating Committee on the ADA for a
job well done. I also want to thank all of the volunteers who helped conduct the ADA Self
Evaluation. Those volunteers did not ask for something in return, but responded to the call for
help from the Commission. The citizens of Rhode Island owe all of them our thanks.

I also would like to thank the staff of the Commission for their work on this plan: Bob Cooper,
the Executive Secretary; Denise Farland, the ADA Research Aide; and Christine Sullivan, the
Fiscal Clerk. All of them are examples of dedicated state
employees, doing their jobs in an exemplary fashion.

I have issued Executive Order 92-2 directing you, as Chairperson of the Governor’s
Commission on the Handicapped, to coordinate the implementation of Rhode Island’s ADA
Compliance Plan. The Commission will be responsible to ensure that all state agencies follow
this plan, resolve complaints from citizens concerning violations by state agencies, and provide
technical assistance to private businesses, government agencies, and non-profit organizations.

Again, I thank you and all the volunteers for conducting the self evaluation and developing this
compliance plan. It is a comprehensive document that should make Rhode Island the most
accessible state in the nation.

Best personal wishes.

Sincerely,


                                 Bruce Sunlun
                                      Supreme Court of Rhode Island
                                            250 Benefit Street
                                          Providence, RI 02903


THOMAS F. FAY
   CHIEF JUSTICE                                                                        January 24, 1992


Nancy Husted-Jensen, Chairperson
Governor’s Commission on the Handicapped
Building 51, 3rd Floor
555 Valley Street
Providence, RI 02908—5686

 Dear Mrs. Husted-Jensen:

      On behalf of the State Court system I would like to commend you, the Commission’s staff -- Bob
 Cooper, Denise Farland, Christine Sullivan -- and the many volunteers from the Rhode Island community
 who worked diligently with state ADA coordinators and other persons to draft, refine and finalize this self-
 evaluation and compliance plan to implement the Americans with Disabilities Act.
      This document, which I have signed with other government representatives, is a major step in the
 efforts to include a segment of our community -- persons with disabilities -- in the mainstream of activities
 within our State. The process of developing this document -- several meetings involving direct input from
 volunteers with disabilities -- is a testament to the talents of this often unrecognized group.
       In the State Court system we have sought to make• the courts more accessible to persons with
 disabilities -- including making physical improvement to buildings, placing telecommunications devices for
 the deaf (TDD’s) in each courthouse, and utilizing interpreters when needed for litigants, witnesses and
 jurors. (Last year we enjoyed the service of several deaf or blind jurors -- two of the deaf jurors actually
 served on criminal or civil trials. Their skills were greatly appreciated.) We will continue to work to improve
 the situation, including the installation of assistive listening devices in some courtrooms.

    Rhode Island should be proud of this document and the persons who developed it. It will be a roadmap to
making the promises of the Americans with Disabilities Act a reality.

    Thank you for your important work.


                                     Sincerely,

                                     Thomas F. Fay
                                     Chief Justice
                             State of Rhode Island and Providence Plantations
                                      Office of the Lieutenant Governor
                                                    Providence
                                                    02903

ROGER N. BEGIN                                                                              TELEPHONE
LIEUTENANT GOVERNOR                                                                          (401) 277-2371

                                                                     January 24, 1992


Ms. Nancy Husted-Jenson
Chair
Governor’s Commission on the Handicapped
Building 51, 555 Valley Street
Providence, RI 02908

Dear Ms. Husted—Jenson:

         I am pleased to have been provided with the opportunity to participate in the development and signing
of the workplan which will bring Rhode Island into compliance with Title II of the American Disabilities Act
of 1990. I commend the numerous volunteers who conducted the self—evaluations of state government
operations, considered to represent the very heart of this workplan, for their diligence and persistence in seeing
to it that this truly historic task was realized.

       I am proud to have been a part of this process and I look forward to seeing the visionary goals of this
workplan achieved. After all, state government must be accessible for all of its citizens.


                                              Sincerely,



                                              Roger N. Begin
                                              Lieutenant Governor
                               State of Rhode Island and Providence Plantations
                               DEPARTMENT OF THE ATTORNEY GENERAL
                               72 Pine Street, Providence, RI 02903
                                      (401) 274-4400
                               James E. O’Neil, Attorney General

                                                                                  January 24, 1992

Ms. Nancy Husted-Jensen, Chairperson
Governor’s Commission on the Handicapped
5550 Valley Street
Building #51 – 3rd Floor
Providence, Rhode Island   02908-5686

              Re: ADOPTION OF A.D.A. IMPLEMENTATION PLAN FOR RHODE ISLAND

Dear Ms. Husted-Jensen:

         I am very pleased, in my official capacity as Attorney General, to be a signatory of the A.D.A.
Implementation Plan for the State of Rhode Island. Permit me to commend you, all the members of the state-
wide A.D.A. Coordinating Committee and the numerous disabled volunteers who assisted in the painstaking
tasks of agency self-evaluation and drafting of the actual Implementation Plan, for a job well done. The
official adoption of this Implementation Plan by all agencies of State Government will insure that the promises
of equal employment opportunity and full access to government services, public accommodations and
telecommunications systems embodied in the Americans With Disabilities Act will become a practical reality
for all disabled Rhode Islanders.

       It will be a personal honor for me to work with you, other members of the Governor’s Commission on
the Handicapped, and representatives of the disabled community at large to give practical effect to the A.D.A.
Implementation Plan in the moths and years ahead. My staff and I stand ready to assist you, in any way
possible, with the implementation process. I believe that all Rhode Islanders will benefit ultimately from our
continuing collaborative efforts.

                                                           Sincerely,


                                                           James E. O’Neil
                                                           Attorney General
                           State of Rhode Island and Providence Plantations
                              OFFICE OF THE SECRETARY OF STATE
                                            STATE HOUSE
                                            PROVIDENCE
                                                 02903


Kathleen S. Connell
Secretary of State

 January 24, 1992
 Ms. Nancy Husted-Jensen, Chairperson
 Coordinating Committee on the Americans with Disabilities Act
 Governor’s Commission on the Handicapped
 555 Valley Street
 Providence, RI 02908

 Dear Ms. Husted-Jensen:
 Congratulations to you and the Governor’s Commission on the Handicapped anti its staff, and all the state
 agency coordinators and volunteers who contributed to the drafting of Rhode Island’s plan to comply with
 the Americans with Disabilities Act. Your combined efforts have produced a good plan, and I feel strongly
 that upon implementation it will meet the needs of the disabled with distinction.
 Contained in this plan are the mechanisms to provide access for all disabled Rhode Islanders to their
 government buildings and information. What will make this plan work is common sense and an open mind
 on the part of each state official anti employee as we provide services and set policy.
 Compliance with ADA should not only be mandated by statute, but the intent should reside within each of
 us as we carry out the duty of the state.


Sincerely,


 Kathleen S. Connell
 Secretary of State
                                  State of Rhode Island and Providence Plantations
                                  OFFICE OF THE GENERAL TREASURER
                                  STATE HOUSE
                                  PROVIDENCE, RHODE ISLAND 02903
                                  (401) 277-2397
  Anthony J. Solomon
  General Treasurer

                                                                        January 24, 1992

Mrs. Nancy Husted—Jensen, Chairperson
Governor’s Commission on the Handicapped
Building 51 - 3rd floor
555 Valley Street
Providence, RI 02908-5686

Dear Chairperson Husted-Jensen:

I want to extend my congratulations on the completion of your commission’s work to bring Rhode Island into
compliance with the Americans Disabilities Act of 1990.

The results of your work will mean that handicapped people throughout the state of Rhode Island will be
protected against discrimination. It will also mean that by dismantling discriminatory practices we will be
creating opportunities for the handicapped.

We will all benefit, because we will all become more aware of the vast skills and resources the handicapped
can bring to our community.

My congratulations to the committee for its hard work, dedication and commitment, and my congratulations to
those citizens who have dedicated themselves to the task of ending discrimination against those with
disabilities.


Sincerely yours,


Anthony J. Solomon
General Treasurer
                                          ACKNOWLEDGEMENTS


Several people were very much a part of the effort to produce this ADA self evaluation and compliance plan
of the State of Rhode Island. First of all, I would like to thank the volunteers from the disabled community
(listed in Appendix III on page 60) for spending much of the summer and fall reviewing the operations of state
government, identifying potential areas of noncompliance, and proposing creative solutions. I would also like
to thank the state agency ADA coordinators (listed in Appendix II on page 55) who worked with the
volunteers in conducting the self evaluations.
Special thanks goes to the chairpersons of the 10 ADA Working
Groups: Bonnie Abols; Janet Armstrong; Joseph Cirillo; Donald Deignan; Judy Dennis; William Messore;
Orestes Monterecy; James Pitassi; Robert Shawver; and Frederick Vincent, for their efforts to ensure each and
every state agency completed the required ADA self evaluation in consultation with the volunteers.
Although my name appears below, as editor, this has been in effect a Coordinating Committee on the ADA
(listed on the inside of the front cover) effort. The members of the Coordinating Committee have been actively
involved in developing the plans of action, estimating the cost of compliance, and deciding on the wording of
this report.
Without the invaluable assistance of Denise Farland, ADA Research Aide to the Governor’s Commission on
the Handicapped, the self-evaluation process could not have been completed in six months. She was
responsible for arranging specialized transportation for volunteers, interpreters at meetings, transposing
printed material into more accessible formats, and entering the results of the self-evaluations into the data bank
for analysis. Without Christine Sullivan, Fiscal Clerk to the Governor’s Commission on the Handicapped
efforts, this document would have never been printed.

                                                                            Bob Cooper
                                                                            Editor

                                                                            January 1992
                            TABLE OF CONTENTS

COORDINATING COMMITTEE ON THE ADA……………………………………..inside cover
LETTER OF TRANSMITTAL
CERTIFICATIONS…………………………………………………………………………….i
LETTERS OF ACCEPTANCE
EXECUTIVE ORDER…………………………………………………………………………ii
ACKNOWLEDGEMENTS…………………………………………………………………….v
TABLE OF CONTENTS………………………………………………………………………vi
INTRODUCTION……………………………………………………………………………..x
EXECUTIVE SUMMARY……………………………………………………………………xii
NOTES………………………………………………………………………………………...xiv

                 RI ADA SELF EVALUATION & COMPLIANCE PLAN

RI ADA SELF EVALUATION & COMPLIANCE PLAN…………………………………..1

             SUBPART A - GENERAL
REGULATION 28 CFR 35.101 PURPOSE ………………………………………………….1
 FINDING……………………………………………………………………………………1
REGULATION 28 CFR 35.102 APPLICATION ……………………………………………1
 FINDING……………………………………………………………………………………1
REGULATION 28 CFR 35.103 RELATIONSHIP TO OTHER LAWS……………………..1
 FINDING……………………………………………………………………………………1
REGULATION 28 CFR 35.104 DEFINITIONS ……………………………………………..1
 FINDING……………………………………………………………………………………4
REGULATION 28 CFR 35.105 SELF-EVALUATION………………………………….…..4
 FINDING……………………………………………………………………………………5
 PLAN OF ACTION…………………………………………………………………………5
REGULATION 28 CFR 35.106 NOTICE…………………………………………………….5
 FINDING……………………………………………………………………………………6
 PLAN OF ACTION………………………………………………………………………....6
REGULATION 28 CFR 35.107 DESIGNATION OF RESPONSIBLE
EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES…………………….…..6
 FINDING …………………………………………………………………………………....7
 PLAN OF ACTION………………………………………………………………………….7

           SUBPART B – GENERAL REQUIREMENTS
REGULATION 28 CFR 35.130A GENERAL PROHIBITIONS
AGAINST DISCRIMINATION.……………………………………………………………...8
  FINDING …………………………………………………………………………………...8
  PLAN OF ACTION ….……………………………………………………………………..8
REGULATION 28 CFR 35.130b GENERAL PROHIBITIONS
AGAINST DISCRIMINATION………………………………………………………………8
  FINDING …………………………………………………………………………………...10
  PLAN OF ACTION…………………………………………………………………………11
REGULATION 28 CFR 35.130c GENERAL PROHIBITIONS
AGAINST DISCRIMINATION………………………………………………………………12
  FINDING……………………………………………………………………………………12
REGULATION 28 CFR 35.130d GENERAL PROHIBITIONS
AGAINST DISCRIMINATION……………………………………………………………..13
  FINDING…………………………………………………………………………………..13
  PLAN OF ACTION………………………………………………………………………..13
REGULATION 28 CFR 35.130e GENERAL PROHIBITIONS
AGAINST DISCRIMINATION……………………………………………………………...13
  FINDING…………………………………………………………………………………...13
REGULATION 28 CFR 35.130f GENERAL PROHIBITIONS
AGAINST DISCRIMINATION……………………………………………………………...13
  FINDING…………………………………………………………………………………...13
  PLAN OF ACTION………………………………………………………………………..14
REGULATION 28 CFR 35.130g GENERAL PROHIBITIONS
AGAINST DISCRIMINATION……………………………………………………………..14
  FINDING…………………………………………………………………………………..14
  PLAN OF ACTION………………………………………………………………………..14
REGULATION 28 CFR 35.131 ILLEGAL USE OF DRUGS……………………………….14
  FINDING…………………………………………………………………………………...15
  PLAN OF ACTION………………………………………………………………………...15
REGULATION 28 CFR 35.132 SMOKING…………………………………………………15
  FINDING…………………………………………………………………………………...15
REGULATION 28 CFR 35.133 MAINTENANCE OF
ACCESSIBLE FEATURES…………………………………………………………………..15
  FINDING…………………………………………………………………………………..15
  PLAN OF ACTION………………………………………………………………………..15
REGULATION 28 CFR 35.134 RETALIATION OR COERCION…………………………16
  FINDING…………………………………………………………………………………...16
  PLAN OF ACTION ………………………………………………………………………..17
REGULATION 28 CFR 35.135 PERSONAL DEVICES AND SERVICES…………………17
  FINDING…………………………………………………………………………………...17

                 SUBPART C – EMPLOYMENT
REGULATION 28 CFR 35.140 EMPLOYMENT DISCRIMINATION…………………….18
REGULATION 29 CFR 1630.1 PURPOSE, APPLICABILITY
AND CONSTRUCTION……………………………………………………………………...18
  FINDING……………………………………………………………………………………18
REGULATION 29 CFR 1630.2 DEFINITIONS……………………………………………..18
  FINDING……………………………………………………………………………………22
REGULATION 29 CFR 1630.3 EXCEPTIONS TO THE DEFINITIONS
OF “DISABILITY AND “QUALIFIED INDIVIDUAL WITH
A DISABILITY.” …………………………………………………………………………….22
  FINDING…………………………………………………………………………………...23
REGULATION 29 CFR 1630.4 DISCRIMINATION PROHIBITED ……………………...23
  FINDING…………………………………………………………………………………..24
  PLAN OF ACTION………………………………………………………………………..25
REGULATION 29 CFR 1630.5 LIMITING SEGREGATING,
AND CLASSIFYING…………………………………………………………………….......26
  FINDING…………………………………………………………………………………..26
  PLAN OF ACTION……………………………………………………………………….26
REGULATION 29 CFR 1630.6 CONTRACTUAL OR OTHER
ARRANGEMENTS………………………………………………………………………….27
  FINDING………………………………………………………………………………….27
  PLAN OF ACTION……………………………………………………………………….27
REGULATION 29 CFR 1630.7 STANDARDS, CRITERIA, OR METHODS
OF ADMINISTRATION………………………………………………………..…………..27
  FINDING AND PLAN OF ACTION………………………………………..……………28
REGULATION 29 CFR 1630.8 RELATIONSHIP OR ASSOCIATION
WITH AN INDIVIDUAL WITH A DISABILITY……………………………..…………..28
  FINDING AND PLAN OF ACTION………………………………………..…………...28
REGULATION 29 CFR 1630.9 NOT MAKING REASONABLE
ACCOMMODATION…………………………………………………………..…………..28
  FINDING………………………………………………………………………..………..28
  PLAN OF ACTION……………………………………………………………..………..29
REGULATION 29 CFR 1630.10 QUALIFICATION STANDARDS,
TESTS, AND OTHER SELECTION CRITERIA………………………………..…………29
  FINDING AND PLAN OF ACTION……………………………………………..……...29
REGULATION 29 CFR 1630.11 ADMINISTRATION OF TESTS………………..……...29
  FINDING AND PLAN OF ACTION…………………………………………….….…...30
REGULATION 29 CFR 1630.12 RETALIATION AND COERCION…………….….…...30
  FINDING AND PLAN OF ACTION……………………………………………….……30
REGULATION 29 CFR 1630.13 PROHIBITED MEDICAL
EXAMINATIONS AND INQUIRIES……………………………………………………...30
  FINDING…………………………………………………………………………………30
  PLAN OF ACTION……………………………………………………………………....30
REGULATION 29 CFR 1630.14 MEDICAL EXAMINATIONS AND
INQUIRIES SPECIFICALLY PERMITTED………………………………….……………31
  FINDING AND PLAN OF ACTION…………………………………………………….32
REGULATION 29 CFR 1630.15 DEFENSES……………………………………………...32
  FINDING…………………………………………………………………………………33
REGULATION 29 CFR 1630.16 SPECIFIC ACTIVITIES PERMITTED………………...33
  FINDING………………………………………………………………………………….35

                SUBPART D – PROGRAM ACCESSIBILITY
REGULATION 28 CFR 35.149 DISCRIMINATION PROHIBITED……………………..36
  FINDING…………………………………………………………………………………36
  PLAN OF ACTION………………………………………………………………………36
REGULATION 28 CFR 35.150 EXISTING FACILITIES…………………………………37
  FINDINGS………………………………………………………………………………..39
  PLAN OF ACTION………………………………………………………………………40
REGULATION 28 CFR 35.151 NEW CONSTRUCTION AND
ALTERATIONS……………………………………………………………………………..41
  FINDINGS………………………………………………………………………………...42
  PLAN OF ACTION………………………………………………………………………43

                SUBPART E – COMMUNICATIONS
REGULATION 28 CFR 35.160 GENERAL……………………………………………….44
  FINDING………………………………………………………………………………...44
  PLAN OF ACTION……………………………………………………………………...45
REGULATION 28 CFR 35.161 TELECOMMUNICATION DEVICES FOR
THE DEAF (TDD’s)……………………………………………………………………….47
  FINDING………………………………………………………………………………..47
  PLAN OF ACTION……………………………………………………………………..47
REGULATION 28 CFR 35.162 TELEPHONE EMERGENCY SERVICES………….....47
  FINDING……………………………………………………………………………….47
  PLAN OF ACTION…………………………………………………………….………48
REGULATION 28 CFR 35.163 INFORMATION AND SIGNAGE…………….………48
  FINDING…………………………………………………………………….…………48
  PLAN OF ACTION………………………………………………………….………...48
REGULATION 28 CFR 35.164 DUTIES…………………………………….………….49
  FINDING…………………………………………………………………….………...49

                        APPENDICES
APPENDIX I. FINANICAL END NOTES………………………………………………50
APPENDIX II. STATE AGENCY ADA COORDINATORS……………………………55
APPENDIX III. ADA SELF EVALUATION VOLUNTEERS………………………….60

                     INDICES
INDEX OF LAWS TO BE AMENDED…………………………………………………62
INDEX OF LEAD AGENCIES TO IMPLEMENT THE PLAN………………………..62
                                              INTRODUCTION


        In June of 1991 Governor Bruce Sundlun directed the Governor’s Commission on the Handicapped to
create a Coordinating Committee on the Americans with Disabilities Act (ADA) that would coordinate
compliance by state government with the ADA. The Commission Chairperson, Nancy Husted-Jensen, quickly
established the Coordinating Committee from within the Executive branch and invited the other constitutional
officers, the state court administrator, the commissioners of education and the chairperson of the public transit
authority to appoint their own representatives to the committee so all of Rhode Island government would be
covered by a uniform procedure for ensuring compliance with the Americans with Disabilities Act. By the
middle of June ‘91 all segments of state government had agreed to participate in joint self evaluation and
compliance planning. To assist the Coordinating Committee develop the most efficient methods for
compliance 10 working groups were established on July 26, 1991. Each department, board, and agency of
state government appointed an ADA coordinator. Organizations representing individuals with disabilities and
service providers were asked to recruit volunteers from the disabled community to assist in the self evaluation
process.
        The ADA Self Evaluation working groups were: employment practices & labor contracts; general
services (the operations of the departments of: Labor; Business Regulations; Administration; State; Treasury;
Economic Development; the Senate and House; the Governor’s Office, Intergovernmental Relations & Lt.
Governor’s Office; and the following commissions & agencies: Women; Housing & Mortgage Finance;
Lottery; Handicapped; Deaf & Hearing Impaired; Mental Health Advocate; Child Advocate; Public Building;
Convention Center; Developmental Disabilities; Ethics; and any other commission or agency not listed
below); human resources (the operations of the departments of: Mental Health, Retardation & Hospitals;
Health; Human Services; Elderly Affairs; Employment & Training; Children, Youth & their Families; the
Workers’ Compensation Court and the Dept. of Labor / Donley Rehabilitation Center); education services (the
operations of the departments of: Elementary & Secondary Education and State Library Services; the Council
on the Arts; Historical Preservation Commission; Heritage Commission; Office of Higher Education and
CCRI, RIC, & URI; and the Higher Education Assistance Authority); public safety (the operations of the
department of Corrections and the Executive Department’s Office of Public Safety; State Police; Public
Defender’s Office; Judiciary and Attorney General); natural resources (the operation of the department of
Environmental Management & the Coastal Management Resources Council; Water Resources Comm.;
Narragansett Bay Water Quality Comm.; and Solid Waste Management Comm.); transportation (the
operations of the department of Transportation; RIPTA; and the transportation components of the departments
of: Elderly Affairs; Human Services; Mental Health, Retardation and Hospitals; Corrections; Children, Youth
&
Families; Employment & Training; Public Utilities Comm. and URI); public accommodations (the operations
of the Commission for Human Rights and selecting the entities to be certified to enforce provisions of the
ADA); telecommunications (the operations of the Public Utilities Commission, the Telecommunications
Authority, and General Assembly/Capitol TV; and the emergency telephone services of: E-911, the
Department of Children, Youth & Families; State Police; the Office of Heating and Intergovernmental
Relations; and other providers of emergency telephone service.); and licensing and regulatory agencies (the
regulatory operations the Secretary of State’s Office, the departments of: Business Regulation; Health;
Children, Youth & Families; the Public Utilities Commission; and other licensing and or regulatory
commissions).
        Self Evaluation Guidelines for the ADA were developed by the staff of the Governor’s Commission on
the Handicapped at the direction of the Coordinating Committee. The members of all working groups were
provided with copies of these guidelines, the (ADA) statute, the Department of Justice regulations for Title II,
and the Equal Employment Opportunity Commission regulations for Title I. Each ADA self evaluation
working group reviewed all operations of the state agencies and departments represented on the working
group. Any areas of non-compliance found were described in detail along with recommended steps to bring
about conformance with the ADA, in an “ADA Self Evaluation Corrective Action Plan” and submitted to the
Coordinating Committee by the end of October 1991.
        After reviewing the agencies’ “ADA Self Evaluation Corrective Action Plan” the Coordinating
Committee developed the Americans with Disabilities Act: Self Evaluation Compliance Plan for the State
Rhode Island and Providence Plantations and transmitted it to the Governor, other Constitutional Officers,
General Assembly Leaders, the Chief Justice of the Supreme Court, and the Chairpersons of the: Board of
Governors for Higher Education; Board of Regents for Elementary and Secondary Education; and Public
Transit Authority, in December 1991 for them to adopt and utilize in the FY 93 Budget preparation. On
January 24, 1992, the Americans with Disabilities Act: Self Evaluation and Compliance Plan for the State
Rhode Island and Providence Plantations was adopted and its implementation began.
                                           EXECUTIVE SUMMARY


         The self evaluation government compliance with the Americans with Disabilities Act (ADA) was
conducted by state agency ADA coordinators and volunteers from the disabled community between July 26,
1991 and October 30, 1991. The ten ADA working groups met to review “the current services, policies,
practices, and the effects thereof” for every agency of state government. In many instances volunteers
conducted walking tours of agencies identifying physical barriers.
         The state has enacted an extensive body of civil rights protections for citizens with disabilities over
that past decade, including amending the constitution to include a disability rights clause. The state has almost
completed the deinstitutionalization of individuals with mental retardation, establishing the most extensive
community based residential and service system in the nation. It has created an extensive community mental
health system.
         Training of state agency personnel and government contractors/vendors [28 CFR 25.130 & 29 CFR
1630.6] about their ADA obligations was clearly identified as a need. Existing equal opportunity laws,
regulations, procedures, etc. need to be modified to incorporate the requirements of the ADA [28 CFR 35.130
& 29 CFR 1630.4].
         Development of master agreements with regards to maintenance contracts for the servicing and repair
of accessibility features (elevators, tdds, wheelchair lifts, page scanner/readers, etc.) are needed [28 CFR
35.133].
         The state has completed a review of its personnel system, which will eliminate discriminatory job
qualifications throughout the classified system [28 CFR 25.140 & 29 CFR 1630.4]. A toll free phone listing of
state government employment opportunities will be created to ensure that individuals with reading
impairments have the same access to job notices as other citizens [29 CFR 1630.4]. A job analysis and the
system for developing reasonable accommodation plans will be established [29 CFR 1630.4].
                                                    1630.4].
         Due to the decade of effort to remove environmental and communication barriers at state owned
facilities, in accordance with 504 and Article I 2 of the RI Constitution, most state services are located in
facilities that provide a degree of physical accessibility [28 CFR 35.150]. The state was already planning the
fourth phase of its Access for All in the Ocean State project for the removal of environmental and
communication barriers, when the ADA was enacted. The programmatic accessibility requirements of the
ADA have been incorporated into the program.

--------------------------------

1.text notes [28 CFR 35] refer to the federal regulation requiring the activities described in the sentence.
        A major change is the inclusion of the purchase of auxiliary aids [28 CFR 35.130 & 29 CFR 1630.9]
(page scanner/readers, braille translators, video text displays, speech synthesizers, simultaneous closed
captioning machines, voice to text dictation and closed circuit tv reading aids) other than telecommunication
devices for the deaf (TDDs) [28 CFR 35.161 & 35.162] and assistive listening systems [28 CFR 35.160].
Currently state agencies inform citizens of the procedure for requesting interpreters for the deaf at public
forums as part of their public notices. In the future, all state government announcements will be published in
the newspaper on pages with a banner heading that lists phone numbers for interpreter services (for individuals
with hearing impairments) and reader services (for individuals with vision or reading impairments) [28 CFR
35.130 & 35.160]. Those same announcements will be broadcast on television, once a week (at a regularly
scheduled time) to ensure that individuals with reading impairments are aware of them. Centralized pools of
auxiliary aids will be created to ensure that students at state operated schools and colleges [28 CFR 35.130,
35.149 & 35.160], state employees [29 CFR 1630.9], and citizens [28 CFR 35.130, 35.149, & 35.160]
receiving state services are able to use those services and more effectively perform their jobs. The RI
Department of Transportation is undertaking a survey of all state roads to determine where curb cuts are
needed and where telephone poles will have to be relocated from the center of sidewalks [28 CFR 25.150].
        The State Building Code Standards Committee has incorporated the new ADA Accessibility
Guidelines into the state building code [28 CFR 35.151].
        Simultaneous closed captioning of all state government television programming will be provided [28
CFR 25.160]. Since simultaneous closed captioning is a new and expanding field within a rapidly changing
technology, the Coordinating Committee on the ADA will investigate the potential for developing a
private/public simultaneous closed captioning service in Rhode Is land.
        During the next several years, the Coordinating Committee on the ADA and its 10 working groups will
meet to assess our progress in implementing this plan and make revisions as necessary [28 CFR 35.107].
        A listing of state agency ADA coordinators, their office addresses, and phone numbers (voice, tdd, &
fax) are included in appendix II [28 CFR 35.107]. A listing of the volunteers from the disabled community
who assisting in conducting the self evaluations is included in appendix III [28 CFR 35.105].
                                                   NOTES


        This report contains the text of each regulation, as issued by the US Equal Employment Opportunity
Commission for Title I and the US Department of Justice for Title II on July 26, 1991; a finding for each
regulation, the compilation of the self evaluations of all state agencies; and a plan of action, for overcoming
any deficiencies. The plan of actions are in two sections: a narrative and a chart.
        The charts identify the individual items (or elements) of the plan; the lead agency responsible for each
item; the projected date for implementation; and an estimated cost for each item. The estimated costs are in
1992 dollars, and are the best estimate to date. When the term “NONE” appears in the cost column, it means
the cost of implementation could be accomplished utilizing existing resources available in December 1991 and
expected to continue to be available in the future. All other cost projections (stated as “REDUCED” or in
actual dollars) are contained in an explanation in appendix I.
                                         SUBPART A - GENERAL


                                  REGULATION 28 CFR 35.101 PURPOSE
       The purpose of this part is to effectuate subtitle A of title II of the Americans with Disabilities Act of
1990, (42 U.S.C. 12131), which prohibits discrimination of the basis of disability by public entities.

                                                  FINDING
       No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

                       REGULATION 28 CFR 35.102 APPLICATION
         (a) Except as provided in paragraph (b) of this section, this part applies to all services, programs, and
activities provided or made available by public entities.
         (b) To the extent that public transportation services, programs, and activities of public entities are
covered by subtitle B of title II of the ADA (42 U.S.C. 12141), they are not subject to the requirements of this
part.

                                                  FINDING
       No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

           REGULATION 28 CFR 35.103 RELATIONSHIP TO OTHER LAWS
        (a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to
apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C.
791) or the regulations issued by Federal agencies pursuant to that title.
        (b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other
Federal laws, or State or local laws (including State common law) that provide greater or equal protection for
the rights of individuals with disabilities or individuals associated with them.

                                                  FINDING
       No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

                    REGULATION 28 CFR 35.104 DEFINITIONS
       For purposes of this part, the term --
       Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-
12213 and 47 U.S.C. 225 and611)
      Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States
Department of Justice.
        Auxiliary aids and services includes --
        (1) Qualified interpreters, notetakers, transcription services, written materials, telephone handset
amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids,
closed caption decoders, open and closed captioning telecommunications devices for deaf persons (TDD’s),
videotext displays, or other effective methods of making aurally delivered materials available to individuals
with hearing impairments;
        (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other
effective methods of making visually delivered materials available to individuals with visual impairments;
        (3) Acquisition or modification of equipment or devices; and
        (4) Other similar services and actions.
        Complete complaint means a written statement that contains the name and address and describes the
public entity’s alleged discriminatory action in sufficient detail to inform the agency of the nature and date of
the alleged violation of this part. It shall be signed by the complainant or by someone authorized to do so on
his or her behalf. complaints filed on behalf of classes or third parties shall describe or identify (by name, if
possible) the alleged victims of discrimination.
       Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a
reasonable belief that a person’s drug use is current or that continuing use is a real and ongoing problem.
       Designated agency means the Federal agency designated under subpart G of this part to oversee
compliance activities under this part for particular components of State and local governments.
         Disability means, with respect to an individuals, a physical or mental impairment that substantially
limits one or more of the major life activities of such individual; a record of such an impairment; or being
regarded as having such an impairment.
         (1) (i) The phrase physical or mental impairment means -
         (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting
one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin,
and endocrine;
         (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome,
emotional or mental illness, and specific learning disabilities.
         (ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and
noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional
illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug
addiction, and alcoholism.
         (iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.
          (2) The phrase major life activities means functions such as caring for one’s self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
          (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits one or more major life activities.
          (4) The phrase is regarded as having an impairment means --
          (i) Has a physical or mental impairment that does not substantially limit major life activities but
that is treated by a public entity as constituting such a limitation;
          (ii) Has a physical or mental impairment that substantially limits major life activities only as a result
of the attitudes of others toward such impairment; or
          (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public
entity as having such an impairment.
          (5) The term disability does not include -
          (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders
not resulting from physical impairments or other sexual behavior disorders;
          (ii) Compulsive gambling, kleptomania, or pyromania; or
          (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.
        Drug means a controlled substance, as defined in schedules I through V of section 202 of the
Controlled Substances Act (21 U.S.C. 812).
        Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or
other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the
site where the building, property, structure, or equipment is located.

         Historic preservation programs means programs conducted by a public entity that have preservation
of historic properties as a primary purpose.
        Historic Properties means those properties that are listed or eligible for listing in the National Register
of Historic Places or properties designated as historic under State or local law.
        Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is
unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include
the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by
the Controlled Substances Act or other provisions of Federal law.

        Individual with a disability means a person who has a disability. The term individual with a disability
does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts
on the basis of such use.

        Public entity means --
        (1) Any State or local government;
        (2) Any department, agency, special purpose district, or other instrumentality of a State or States or
local government;
and
        (3) The National Railroad Passenger Corporation , and any commuter authority (as defined in
section 103(8) of the Rail Passenger Service Act).

        Qualified individual with a disability means an individual with a disability who, with or without
reasonable modifications to rules, policies, or practices, the removal of architectural, communications, or
transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility
requirements for the receipt of services or the participation ion programs or activities provided by a public
entity.
       Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and
impartially both receptively and expressively, using any necessary specialized vocabulary.
        Section 504 means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93—112, 87 Stat. 394 (29
U.S.C. 794), as amended.
        State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth
of the Northern Mariana Islands.

                                                   FINDING
        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

                    REGULATION 28 CFR 35.105 SELF-EVALUATION
        (a) A public entity shall, within one year of the effective date of this part, evaluate its current
services, policies, and practices and the effects thereof that do not or may not meet the requirements of this
part and, to the extent modification of any such services, policies, and practices is required, the public entity
shall proceed to make the necessary modifications.
         (b) A public entity shall provide an opportunity for interested persons, including individuals with
disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation
process by submitting comments.
       (C) A public entity that employs 50 or more persons shall, for at least three years following
completion of the self-evaluation, maintain on file and make available for public inspection:
       (1) The list of interested persons consulted;
       (2) A description of areas examined and any problems identified, and
       (3) A description of any modification made.
                                                  FINDING

         The State of Rhode Island developed a uniform procedure for ensuring compliance with the
Americans with Disabilities Act. A State Coordinating Committee on the ADA was formed to identify areas
where the most efficient methods for compliance are through systemic change rather than at the departmental
or agency level. This committee reviewed the recommendation from 10 working groups, that conducted the
required ADA self evaluations of all services, activities, and programs of state government and state agency
employment practices. These working groups included representatives from each state agency and department
and individuals with disabilities recruited by organizations of people with disabilities. (see list of working
group members in the appendix)
         The ADA Self Evaluation working groups are: employment practices & labor contracts; general
services; human resources; educational services; public safety; natural resources; transportation; public
accommodations; telecommunications; and licensing and regulatory agencies.
         Each ADA self evaluation working group reviewed all operations of the state agencies and
departments represented on the working group. Any areas of non—compliance found were described in detail
along with recommended steps to bring about conformance with the ADA, on the “ADA Self Evaluation
Corrective Action Plan” form.
         The State ADA Coordinating Committee developed this AMERICANS WITH DISABILITIES ACT:
Self Evaluation and Compliance Plan for the State of Rhode Island and Providence Plantations and transmitted
it to the Governor, other Constitutional Officers, General Assembly Leaders, and the Chief Justice of the
Supreme Court in December for them to adopt and utilize in the FY 93 Budget preparation.

                                   PLAN OF ACTION
        The adopted AMERICANS WITH DISABILITIES ACT: Self Evaluation and Compliance Plan for
the State of Rhode Island and Providence Plantations will be available for inspection at the office of the
Governor’s Commission on the Handicapped, along with the minutes of the meetings of each of the working
groups and the ADA Coordinating Committee. Copies in appropriate medium will be provided upon request.
ITEM                           LEAD AGENCIES                 DEADLINE                     COST
Draft plan                     Coordinating Cmte, on ADA Dec. 20, 1991                    NONE
Adoption of Plan               Constitutional Officers,
                               General Assembly Leaders
                               Chief Justice & Chairpersons
                                      of Boards of Education
                               RIPTA                        Jan. 24, 1992                 NONE

==============================================================================

                           REGULATION 28 CFR 35.106 NOTICE

          A public entity shall make available to applicants, participates, beneficiaries, and other interested
persons
information regarding the provisions of this part and its applicability to the services, programs, or activities of
the public entity, and make such information available to them in such manner as the head of the entity finds
necessary to apprise such persons of the protections against discrimination assured by the Act and this part.

                                                   FINDING
        State agencies receiving federal funds publish a nondiscrimination announcement in the Providence
Journal annually. State agencies with newsletters also publish their nondiscrimination notice in their
newsletters annually. The current texts of those announcements does not include a reference to the Americans
with Disabilities Act.
        State agencies also post nondiscrimination (in employment and/or services) notices in their offices.
        State agencies that do not receive federal funds have not published any nondiscrimination
announcements in the newspapers, in their newsletters, nor post notices in their offices.
        Utilization of the newspaper and or posters does not ensure that individuals with vision or reading
impairments are aware of the agencies’ compliance with nondiscrimination laws.

                                      PLAN OF ACTION
         The individual departmental nondiscrimination announcements in the newspaper shall be
discontinued. Instead one annual nondiscrimination announcement, with appropriate references to specific
federal laws/regulations/enforcement entities will be placed in the Providence Journal and other daily and
weekly newspapers. Foreign language translations of the announcement will be placed in newspapers that
target limited English speakers/readers. The announcement will also be transmitted on television by the RI
General Assembly’s Capitol TV and the Telecommunication Authority’s WSBE TV, annually. Post the
announcement in the public areas of all state agency offices.
ITEM                                  LEAD AGENCIES                  DEADLINE                COST
Preparing Text                        Equal Opportunity Office       March 1, 1992           NONE
Publishing Announcement               Equal Opportunity Office       March 1, 1992           REDUCED 50%1
Taping TV Announcement                Capitol TV                     March 1, 1992           NONE
Broadcast TV Announce.                Capitol TV & WSBE TV           March 1, 1992           NONE
Printing & Distribute Posters         Equal Opportunity Office       April 1, 1992           NONE
==============================================================================
           REGULATION 28 CFR 35.107 DESIGNATION OF RESPONSIBLE
           EMPLOYEE AND ADOPTION OF GRIEVANCE PROCEDURES
         (a) Designation of responsible employee. A public entity that employs 50 or more persons shall
designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under
this part, including any investigation of any compliant communicated to it alleging its noncompliance with this
part or alleging any action that would be prohibited by this part. The public entity shall make available to all
interested individuals the name, office address, and telephone
number of the employee or employees designated pursuant to this paragraph.

       (b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish
grievance procedures providing for prompt and equitable resolution of complaints alleging any action that
would be prohibited by this part.

                                                    FINDING
         All state agencies and departments, regardless of size have designated an ADA coordinator. In
addition at the direction of the Governor, the Governor’s Commission on the Handicapped has created a State
Coordinating Committee on the ADA, to oversee compliance by the state government. (see appendix for the
list of ADA coordinators and members of the State Coordinating Committee)
         Most state agencies have an equal opportunity grievance procedure to cover employment disputes.
These procedures need to be amended to reference the Americans with Disabilities Act. The state government
also has an Equal Opportunity Office, capable of receiving complaints, conducting investigations, holding
hearings and ordering corrective action with regards to allegations of discrimination in employment or
services by state government agencies or contractors/vendors. State civil rights laws include individuals with
handicaps (disabilities) utilizing the “504” definition in the areas of employment, housing, credit, public
accommodations, services, and government services. The State Constitution prohibits discrimination on the
basis of handicap (disability) also utilizing the “503/504” definition and scope of coverage for state and local
government services.

                                      PLAN OF ACTION
        Amend § 42—87 to expand the definition of discrimination to include acts covered by the Americans
with Disabilities Act. Amend the existing affirmative action plans and equal opportunity grievance procedures
to include reference to the Americans with Disabilities Act. Include in the nondiscrimination announcements
(see 28 CFR 35.106 above) a list of ADA coordinators, affirmative actions/equal opportunity officers, state &
federal civil rights enforcement agencies, their addresses, voice, tdd & fax telephone numbers. The
Coordinating Committee on the ADA will coordinate the implementation of the ADA Self Evaluation and
Compliance Plan for the State of Rhode Island and Providence Plantations.
ITEM                                 LEAD AGENCIES                         DEADLINE               COST
Draft Amendment § 42-87              Gov. Comm.o/t Handicapped             Jan. 1, 1992           NONE
Coordinate Compliance                Coordinating Cmte. on ADA             Jan. 24, 1992          47,5762
Draft & distribute grievance rules   Equal Opportunity Office              March 1, 1992          NONE
Amend grievance procedures           each state agency                     April 1, 1992          NONE
Sponsor & enact Amendment            General Assembly Leaders              July 1, 1992           NONE
==============================================================================
                                  SUBPART B – GENERAL REQUIREMENTS


                           REGULATION 28 CFR 35.130a GENERAL PROHIBITIONS
                                     AGAINST DISCRIMINATION

         (a) No qualified individual with a disability shall, on the basis of disability, be excluded from
participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subject
to discrimination by any public entity.

                                                      FINDING

         The State Constitution (Article I Section 2) and the Discrimination Against Handicapped law (§ 42-
87) along with the Equal Opportunity and Affirmative Action law (§ 28-5.1) prohibit on the basis of handicap
(disability) being excluded from participation in or being denied the benefits of the services, programs, or
activities of a public entity, or being subject to discrimination by the state, its political subdivisions, any entity
regulated by the state, receiving financial assistance from the state, or doing business in or with the state. The
Discrimination Against the Handicapped law and State Constitution define “discrimination” to include those
acts prohibited on the basis of handicap by 29 USC Section 794 (the Rehabilitation Act of 1973, Section 504,
as amended).

                                         PLAN OF ACTION

        Amend the Discrimination Against the Handicapped law to include within the definition of
“discrimination” those acts prohibited on the basis of disability by the ADA. (see 28 CFR 35.107 above)
ITEM                              LEAD AGENCIES                                DEADLINE                COST
Draft amendments to § 42-87       Gov. Comm..o/t Handicapped                    Jan. 1, 1992           NONE
Sponsor & enact amendment § 42-87 General Assembly Leaders                     July 1, 1992            NONE
==============================================================================
                 REGULATION 28 CFR 35.130b GENERAL PROHIBITIONS AGAINST DISCRIMINATION
        (b)(1) A public entity, in providing any aid, benefit, or service may not directly or through contractual,
licensing, or other arrangements, on the basis of disability –
        (i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the
aid, benefit, or service;
        (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the
aid, benefit, or service that is not equal to that afforded others;
        (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as
effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the
same level of achievement as that provided to others;
           (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any
class of
individuals with disabilities that is provided to others unless such action is necessary to provide qualified
individuals with disabilities with aids, benefits, or services that are as effective as those provided to others;
        (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing
significant assistance to an agency, organization, or person that discriminates on the basis of disability in
providing any aid, benefit, or service to beneficiaries of the public entity’s program;
       (vi) Deny a qualified individual with a disability the opportunity to participate as a member of
planning or advisory boards;
       (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege,
advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.
        (2) A public entity may not deny a qualified individual with a disability the opportunity to participate
in services, programs, or activities that are not separate or different, despite the existence of permissibly
separate or different programs or activities.
       (3) A public entity may not, directly or through contractual or other arrangements utilize criteria or
methods of administration:
         (i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the
basis of disability;
        (ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the
objectives of the public entity’s program with respect to individuals with disabilities; or
      (iii) That perpetuate the discrimination of another public entity if both public entities are subject to
common administrative control or are agencies of the same State.
        (4) A public entity may not,in determining the site or location of a facility, make selections -
        (i) That have the effect of excluding individuals with disabilities from, denying them the benefits of,
or otherwise subjecting them to discrimination; or
        (ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the
objectives of the public entity’s program with respect to individuals with disabilities.
        (5) A public entity, in the selection of procurement contractors, may not use criteria that subject
qualified individuals with disabilities to discrimination on the basis of disability.
         (6) A public entity may not administer a licensing or certification program in a manner that subjects
qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity
establish requirements for the programs or activities of licensees or certified entities that subject qualified
individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities
that are licensed or certified by a public entity are not, themselves, covered by this part.
         (7) A public entity shall make reasonable modifications in policies, practices, or procedures when the
modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can
demonstrate that making the modification would fundamentally alter the nature of the service, program or
activity.
        (8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an
individual with a disability or any class of individuals with disabilities from fully and equally enjoying any
service, program or activity, unless such criteria can be shown to be necessary for the provision of the service,
program, or activity being offered.

                                                    FINDING

         (b) (1) The procedures for monitoring state agency contracts and grants include requiring the
contractors, vendors and grantees to certify they comply with federal and state civil rights laws. The current
certification does not include a reference to the ADA. The contract compliance procedure does not include
training the contractors, vendors or grantees in their legal obligations, nor do most state agencies conduct site
inspections to determine if the contractor, vendor or grantee is providing the services, programs or activities in
a programmatically accessible manner. The state aid to cities and towns § 45-13-1 does not provide a
mechanism for withholding funds from public bodies that are in violation of the ADA or state civil rights law
or the state constitutional ban on discrimination.
         The Governor’s Commission on the Handicapped is constantly reviewing State services, programs,
and activities and recommending methods to improve the effectiveness of the provisions of those services,
programs, and activities to individuals with disabilities.
         State agencies are encouraged to recruit individuals with disabilities to serve on boards and
commissions.
         The State only provides different or separate aids, benefits, or services to individuals with disabilities
when it is necessary to provide those individuals with such different or separate aids, benefits, or services that
are as effective as those provided others.
        (b) (2) Whenever such aids, benefits, or services are provided in a different or separate manner,
individuals with disabilities are not denied and opportunity to participate in the “regular” aids, benefits, or
services.
       (b) (3) This ADA self-evaluation has been conducted by the state as one entity to ensure that no state
agency is perpetuating discrimination therefore eliminating discrimination in all state agencies.
        (b) (4) The State Open Meetings Law (§ 42-46-13) requires public bodies to conduct all meetings,
workshops, seminars, conferences, pre-bid conferences, etc. : in a location which conforms with the open
meeting accessibility standard; include a description of the procedure for requesting an interpreter for the deaf;
and to provide an audio tape of the minutes of the meeting, workshop, working session, etc. upon request of an
individual with a vision or reading impairment (see 28 CFR 35.149). All polling places in RI are required to be
located in facilities that conform with the polling place accessibility standard or at least one week prior to
election day, notification be made in the newspapers which polling places are inaccessible and the procedure
for voting on election day, if the individual’s polling place is inaccessible. Most, but not all agencies check to
make sure facilities to be used do conform to the state building code’s accessibility provisions (see 29 CFR
35.149 & 35.150).
         (b)(5) The state Equal Opportunity and Affirmative Action law (§ 28-5.1) and the Purchase of
Products and Services of Handicapped Persons law (§ 37-2.2) prohibit discrimination in the selection of
procurement contractors and provide a preference for contractors whose workforce is 75% workers with
disabilities or operates rehabilitation programs for individuals with disabilities. This law provides a preference
in the awarding of contracts, when bids are substantially equivalent, it does not set aside a certain percentage
of contracts. The Purchase of Products and Services of Handicapped Persons law has not been implemented by
the Department of Administration. Solicitation of bids is mainly by advertisement in the newspaper, not a
format accessible to and usable by individuals with vision or reading impairments (see 28 CFR 35.149).
        (b)(6) Many State licensing and certification programs do not contain provisions for the utilization of
auxiliary aids or services during the examination procedures. Notices of state licensing and certification
examinations are often by advertisement in the newspaper, not a format accessible to and usable by individuals
with vision or reading impairments (see 28 CFR 35.149).
       (b)(7) The State Constitution (Article I Section 2) and the Discrimination Against the Handicapped
law (§ 42-87) require state agencies to make reasonable modifications in policies, practices, or procedures
when necessary to avoid discrimination on the basis of handicap (disability) (see 28 CFR 35.149).
         (b)(8) The State Constitution (Article I Section 2), the Discrimination Against the Handicapped law (§
42-87) and the Equal Opportunity and Affirmative Action law (§ 28-5.1) prohibit state agencies from
imposing or applying criteria that screen out or tend to screen out an individual on the basis of handicap
(disability), unless such criteria can be shown to be necessary for the provision of the service, program, or
activity being offered (see 28 CFR 35.149). The State has no procedure to determine if such criteria is
necessary for the provision of the services, programs, or activities being offered.

                                       PLAN OF ACTION

         (b)(1) The Equal Opportunity Office shall upgrade its monitoring of state agency contracts and grants
to include:
certification of compliance with ADA; training of contractors, vendors, and grantees on their legal obligations
and site inspections of a 2 % sampling of contractors and vendors. Agencies awarding grants shall be required
to determine if grant applicants will provide the services, programs or activities in a
programmatically accessible manner and to arrange for the inspection of the facilities of the grantee(s). The
State Equal Opportunity Office will request a listing of all Rhode Island entities found to have violated Title V
of the Rehabilitation Act of 1973, as amended or the ADA from all federal civil rights enforcement agencies,
annually. Those entities that have been debarred from federal contracts and/grants shall be prohibited from
doing business with the state until such time as the federal debarment has been lifted. Those entities still under
investigation by the federal government will be placed on a “watch” list and the State Equal Opportunity
Office shall conduct its own review of state contracts and grants with those entities to determine if they are
being performed in accordance with the provisions of the ADA. The state aid to cities and towns law § 45-13-
1.2 shall be amended to allow for the withholding of state aid following a federal or state court decision that
the city or town violated the ADA and further the city or town does not agree to take corrective action, nor
appeal the decision of the court.
        (b)(5) The Department of Administration shall implement the Products and Services of Handicapped
Persons law (§ 37—2.2).
         (b)(8) The Governor’s Commission on the Handicapped shall expand the procedure for granting
variances to state leased facilities to provide a mechanism for state agencies seeking approval to impose or
apply an eligibility criteria that screen out or tend to screen out classes of individuals with disabilities from
fully and equally enjoying a service, program or activity, provided such criteria can be shown to be necessary
for the provision of the service, program, or activity being offered.
ITEM                                   LEAD AGENCIES                        DEADLINE                COST
Draft amendment to 45-13-1.2           Gov. Comm. o/t Handicapped            Jan. 14, 1992          NONE
Training of contractors                Cmty. Development Training           March 1, 1992           442,3733
Implement § 37-2                       Div. of Purchasing                   March 1, 1992           NONE
Draft procedure on grant awards        Gov. Comm.o/t Handicapped            April 1, 1992           NONE
Implement grantee monitoring           Each state agency                    July 1, 1992            NONE
Track federal violations               Equal Opportunity Office             July 1, 1992            NONE
Inspect 2% of Contractors Facilities   State Building Comm.                 July 1, 1992            NONE
Sponsor & enact amendment
 § 45-13-1.2                           General Assembly Leaders             July 1, 1992            NONE
Establish variance procedure for
eligibility criteria                   Gov. Comm.o/t Handicapped             July 1, 1992           see note 2
==============================================================================

                                REGULATION 28 CFR 35.130c GENERAL PROHIBITIONS
                                          AGAINST DISCRIMINATION

         (c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to
individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by
this part.

                                                   FINDING

        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================
                        REGULATION 28 CFR 35.130d GENERAL PROHIBITIONS
                                  AGAINST DISCRIMINATION

       (d) A public entity shall administer services, programs, and activities in the most integrated setting
appropriate to the needs of qualified individuals with disabilities.

                                                    FINDING

 Some agencies have not adopted procedures to ensure when services, programs or activities operated in
inaccessible facilities are provided through home visits, reassignment of services to accessible buildings,
assignment of aides to beneficiaries, or the delivery of services at alternative accessible sites that the method
of providing that service, program or activity is in the most integrated setting appropriate to the needs of the
individual with the disability seeking that service, program or activity.

                                              PLAN OF ACTION
                                        (See 28 CFR 35.149 and 35.150)

==============================================================================

                        REGULATION 28 CFR 35.130e GENERAL PROHIBITIONS
                                  AGAINST DISCRIMINATION

        (e)(1) Nothing in this part shall be construed to require an individual with a disability to accept an
accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such
individual chooses not to accept.
         (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with a
disability to decline food, water, medical treatment, or medical services for that individual.

                                                    FINDING

        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================
                                REGULATION 28 CFR 35.130f GENERAL PROHIBITIONS
                                          AGAINST DISCRIMINATION
        (f) A public entity may not place a surcharge on a particular individual with a disability or any group
of individuals with disabilities to cover the cost of auxiliary aids or program accessibility, that are required to
provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

                                                    FINDING

        No state agency is placing surcharges on any individual or group of individuals with disabilities to
cover the cost of auxiliary aids or program accessibility required to provide nondiscriminatory treatment.
                                               PLAN OF ACTION

        No response (plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================
                               REGULATION 28 CFR 35.130g GENERAL PROHIBITIONS
                                         AGAINST DISCRIMINATION
        (g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an
individual or entity because of the known disability of an individual with whom the individual or entity is
known to have a relationship or association.

                                                    FINDING

        No State policy, regulation or law prohibits discrimination on the basis of a relationship or association
with an individual with a disability.
                                      PLAN OF ACTION

        The State Handicapped Discrimination law (§ 42-87) shall be amended to prohibit discrimination on
the basis of a relationship or association with an individual with a disability.

ITEM                              LEAD AGENCIES                             DEADLINE                COST
Draft amendments to § 42-87 Coy. Gov. Comm.o/t Handicapped                  Jan. 1, 1992            NONE
Sponsor & enact amendment § 42-87 General Assembly Leaders                  July 1, 1992            NONE

==============================================================================

               REGULATION 28 CFR 35.131 ILLEGAL USE OF DRUGS

        (a) General. (1) Except as provided in paragraph (b) of this section, this part does not prohibit
discrimination against an individual based on that individual’s current illegal use of drugs.
        (2) A public entity shall not discriminate on the basis of illegal use of drugs against any individual
who is not engaging in current illegal use of drugs and who –

(i)     Has      successfully                   completed        a supervised                drug
rehabilitation program or has otherwise been rehabilitated successfully;
        (ii) Is participating in a supervised rehabilitation program; or
        (iii) Is erroneously regarded as engaging in such use.
         (b) Health and drug rehabilitation services. (1) A public entity shall not deny health services, or
services provided in connection with drug rehabilitation, to an individual on the basis of that individual’s
current illegal use of drugs, if the individual is otherwise entitled to such services.
         (2) A drug rehabilitation or treatment program may deny participation to individuals who engage in
illegal use of drugs while they are in the program.
       (c) Drug testing. (1) This part does not prohibit a public entity from adopting or administering
reasonable policies or procedures, including but not limited to drug testing, designed
to ensure that an individual who formerly engaged in the illegal use of drugs in not now engaging in current
illegal use of drugs.
        (2) Nothing in paragraph (C) of this section shall be construed to encourage, prohibit, restrict, or
authorize the conduct of testing for the illegal use of drugs.

                                                    FINDING

        State agency employees are provided with substance abuse treatment/counseling through the
Employee Assistance Program. Employees participating in this program are protected from discrimination
during their rehabilitation.
        State agencies providing health services or services provided in connection with drug rehabilitation do
not deny services on the basis of current illegal use of drugs. State drug rehabilitation programs may deny
continued participation in programs to individuals who engage in illegal use of drugs while they are in the
drug rehabilitation program.

                                       PLAN OF ACTION

        No response (plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

                         REGULATION 28 CFR 35.132 SMOKING

        This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in
transportation covered by this part.

                                                    FINDING

        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

    REGULATION 28 CFR 35.133 MAINTENANCE OF ACCESSIBLE FEATURES

         (a) A public accommodation shall maintain in operable working condition those features of facilities
and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act
or this part.
       (b) This section does not prohibit isolated or temporary interruptions in service or access due to
maintenance or repair.

                                                    FINDING

        State agencies, by in large, do not have periodic inspection and maintenance procedures for
accessibility equipment (wheelchair lifts, elevators, telecommunication devices, video text displays, etc.). The
Department of Labor does inspect wheelchair lifts and elevators annually.

                                       PLAN OF ACTION

        The state government shall establish a master agreement for the maintenance of telecommunication
devices for the deaf and each state agency with a TDD shall be required to participate. The state building
commission shall maintain sufficient TDDs to
provide “loaners” during periodic maintenance or repairs.
         The state shall establish a master agreement for the maintenance of elevators and wheelchair lifts, to
cover all such equipment in state owned facilities; state agencies owning those facilities shall be required to
participate. The state shall designate alternative meeting space (accessible w/out a lift or elevator) for use by
agencies during periodic maintenance or repairs. The state shall insert language into its leases requiring lessors
(of state agencies) to have in place a maintenance agreement for elevators and wheelchair lifts along the
“access path” to state agency facilities and to provide alternative meeting space (accessible w/out a lift or
elevator) for use by those state agencies during periodic maintenance or repairs.
         The state government shall determine whether any other accessibility equipment is owned in sufficient
quantities to warrant a master agreement for their maintenance. Each state agency with accessibility equipment
that is not covered by a master agreement on maintenance shall establish its own maintenance agreement and
make provisions for alternative meeting space (accessible w/out accessibility equipment) or equipment for use
by those state agencies during periodic maintenance or repairs.
ITEM                                          LEAD AGENCIES                  DEADLINE               COST
Draft lease Language on the maintenance
of accessibility equipment & include          Office of Property
in all state leases                           Management                     April 1, 1992          NONE
Establishment of master agreements on
maintenance of accessibility equipment
(TDDs, elevators, wheelchair lifts,)          Division of Purchasing         July 1, 1992           REDUCED4
Establishment of a TTD reserve pool           State Building Comm.           July 1, 1992           NONE
Determination of other master
agreements on maintenance of                  State Building Comm. &
accessibility equipment                       the Div. of Purchasing         July 1, 1992           REDUCED5

==============================================================================

              REGULATION 28 CFR 35.134 RETALIATION OR COERCION

        (a) No private or public entity shall discriminate against any individual because that individual has
opposed any act or practice made unlawful by this part, or because that individual made a charge, testified,
assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.
        (b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the
exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her
having aided or encouraged any other individual in the exercise or enjoyment of any right granted or protected
by the Act or this part.

                                                    FINDING

        Many state agencies do not have a written policy prohibiting retaliation or coercion with regards to
individuals who file a
complaint, testify, assist or participate in any manner in an investigation with regards to discrimination in
services or employment. The state’s Fair Employment Practices Act does prohibit harassment of an individual
who files a complaint.

                                       PLAN OF ACTION

        The State Handicapped Discrimination law (§ 42-87) shall be amended to prohibit retaliation or
coercion against individuals who file a complaint, testify, assist or participate in any manner in an
investigation with regards to discrimination in services or employment by employees of state government or
agents of state government and provide for the termination or other penalty to be assessed against state
employees and agents. Language from the RI Fair Employment Practices Act § 28-5-7(5) and (6) could be
used in the amendment. The Office of Personnel Administration and each state agency shall amend their
affirmative action plan and personnel policy/regulations to prohibit retaliation or coercion and provide for
termination or other disciplinary action when it occurs.
ITEM                               LEAD AGENCIES                            DEADLINE                COST
Draft Amendment to § 42-87         Gov. Comm. o/t Handicapped                Jan. 1, 1992           NONE
Amend the affirmative action plan Equal Opportunity Office                  April 1, 1992           See note 3
Amend personnel policy/regulations Office of Personnel Admin.               April 1, 1992           See note 3
Sponsor and enact amendment § 42-87 General Assembly Leaders                July 1, 1992            NONE
==============================================================================

        REGULATION 28 CFR 35.135 PERSONAL DEVICES AND SERVICES

        This part does not require a public entity to provide individuals with disabilities personal devices, such
as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for
personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.

                                                   FINDING

        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================
                                         SUBPART C - EMPLOYMENT


                     REGULATION 28 CFR 35.140 EMPLOYMENT DISCRIMINATION

        (a) No qualified individual with a disability shall, on the basis of disability, be subject to
discrimination in employment under any service, program, or activity conducted by a public entity.
        (b) (1) For purposes of this part, the requirements of title I of the Act, as established by the regulations
of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service,
program, or activity conducted by a public entity if that public entity is also subject to the jurisdiction of title I.
         (2) For the purpose of this part, the requirements of section 504 of the Rehabilitation Act of 1973, as
established by the regulations of the Department of Justice in 28 CFR part 41, as those requirements pertain to
employment, apply to employment in any service, program, or entity if that public entity is not also subject to
the jurisdiction of title I.
           REGULATION 29 CFR 1630.1 PURPOSE, APPLICABILITY AND CONSTRUCTION
         (a) Purpose. The purpose of this part is to implement title I of the Americans with Disability Act (42
U.S.C. 12101 et. seq.) (ADA), requiring equal employment opportunities for qualified individuals with
disabilities and sections 3(2), 3(3), 501, 503 506(e), 508, 510, and 511 of the ADA as those sections pertain to
the employment of qualified individuals with disabilities.
        (b) Applicability. This part applied to “covered entities” as defined at 1630.2(b).
         (c) Construction. -- (1) In general. Except as otherwise provided in this part, this part does not
apply a lesser standard that the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C.
790-794a), or the regulations issued by Federal agencies pursuant to that title.
        (2) Relationship to other laws. This part does not invalidate or limit the remedies, rights, and
procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that
provides greater or equal protection for the rights of individuals with disabilities than are afforded by this part.

                                                   FINDING
        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
==============================================================================

                       REGULATION 29 CFR 1630.2 DEFINITIONS

        (a) Commission means the Equal Employment Opportunity Commission established by section 705 of
the Civil Rights Act of
1964 (42 U.S.C. 2000e-4).
      (b) Covered Entity means an employer, employment agency, labor organization, or joint labor
management committee.
         (c) Person, labor organization, employment agency, commerce and industry affecting commerce
shall have the same meaning given
those terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
        (d) State means (please refer to Regulations 28 CFR 35.104 Definition for State)
        (e) Employer. -- (1) In general. The term employer means a person engaged in an industry affecting
commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year, and any agency of such person, except that, from July 26, 1922 through
July 25, 1994, an employer means a person engaged in an industry affecting commerce who has 25 or more
employees for each working day in each of 20 or more calendar weeks in the current or preceding year and
any agency of such person.

        (2)   Exceptions. The term employer does not include –

        (i)   The United States, a corporation wholly owned by the government of the United States, or an
                     Indian tribe; or

        (ii) A bona fide private membership club (other than a labor organization) that is exempt from taxation
under section 501(c) of the Internal Revenue Code of 1986.
        (f) Employee means an individual employed by an employer.
        (g) Disability means (please refer to Regulations 28 CFR35.104         Definition   for   Disability)   (See
1630.3 for exceptions to this definition)
        (h) Physical or mental impairment means: (please refer to Regulations 28 CFR 35.104 Definition
for Disability (1) (1) (A&B)
        (i) Major Life Activities means functions such as caring for oneself, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning and working.
        (j) Substantially limits -- (1) The term substantially limits means:
        (i)         Unable to perform a major life activity that the average person in the general population
                    can perform; or
       (ii) Significantly restricted as to the condition, manner or duration under which an individual can
perform a particular major life activity as compared to the condition manner, or duration under which the
average person in the general population can perform that same major life activity.
         (2) The following factors should be considered in determining whether an individual is substantially
limited in a major life activity:
        (i)     The nature and severity of the impairment;
        (ii)    The duration or expected duration of the impairment; and
        (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting
from the impairment.
        (3) With respect to the major life activity of working –
         (i) The term substantially limits means significantly restricted in the ability to perform either a class of
jobs or a broad range of jobs in various classes as compared to the average person having comparable training,
skills and abilities. The inability to perform a single, particular job does not constitute a substantial limitation
in the major life activity of working.
         (ii) In addition to the factors listed in paragraph (j) (2) of this section, the following factors may be
considered in
determining whether an individual is substantially limited in the major life activity of “working”;
        (A) The geographical area to which the individual has reasonable access;
         (B) The job from which the individual has been disqualified because of an impairment
and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within
that geographical areas, from which the individual is also disqualified because of the impairment
(class of jobs); and/or
         (C) The job from which the individual has been disqualified because of an impairment,
and the number and types of other jobs not utilizing similar training, knowledge, skills or
abilities, within that geographical area, from which the individual is also disqualified because of
the impairment (broad range of jobs in various classes).
         (k) Has a record of such impairment means has a history of, or has been misclassified
as having, a mental or physical impairment that substantially limits one or more major life
activities.
        (1)   Is regarded as having such an impairment means:
         (1) Has a physical or mental impairment that does not substantially limit major life
activities but is treated by a covered entity as constituting such limitation;
        (2) Has a physical or mental impairment that substantially limits major life activities
only as result of the attitudes of others toward such impairment; or
         (3) Has none of the impairments defined in paragraphs (h) (1) or (2) of this section but is
treated by a covered entity as having a substantially limiting impairment.
         (m) Qualified individual with a disability means an individual with a disability who
satisfies the requisite skill, experience, education and other job-related requirements of the
employment position such individual holds or desires, and who, with or without reasonable
accommodation, can perform the essential functions of such position. (See 1630.3 for exceptions
to this definition).
         (n) Essential functions. -- (1) In general. The term essential functions means the
fundamental job duties of the employment position the individual with a disability holds or
desires. The term “essential functions” does not include the marginal functions of the position.
        (2) A job function may be considered essential for any of several reasons, including but
not limited to the following:
         (i) The function may be essential because the reason the position exists is to perform that
function;
         (ii) The function may be essential because of the limited number of employees available
among whom the performance of that job function can be distributed; and/or
         (iii) The function may be highly specialized so that the incumbent in the position is hired
for his or her expertise or ability to perform the particular function.
        (3) Evidence of whether a particular function is essential includes, but is not limited to:
        (i) The employer’s judgment as to which functions are essential;
           (ii) Written job descriptions prepared before advertising or interviewing applicants for
the job;
           (iii) The amount of time spent on the job performing the function;
           (iv) The consequences of not requiring the incumbent to perform the function;

  (v) The terms of collective bargaining agreement;

        (vi) The work experience of past incumbents in the job; and/or (vii) The current work
experience of incumbents in similar jobs.

(o)    Reasonable accommodation. (1) The term reasonable accommodation means:

  (i) Modifications or adjustments to a job application process that enable a qualified applicant
  with a disability to be considered for the position such qualified applicant desires; or
  (ii) Modifications or adjustments to the work environment, or to the manner or circumstances
  under which the position held or desired is customarily performed, that enable a qualified
  individual with a disability to perform the essential functions of that position; or
         (iii) Modifications or adjustments that enable a covered entity’s employee with a
disability to enjoy equal benefits and privileges of employment as are enjoyed by its other
similarly situated employees without disabilities.

  (2) Reasonable accommodations may include but is not limited to:
  (i) Making existing facilities used by employees readily accessible to and usable by
  individuals with disabilities; and
         (ii) Job restructuring; part-time or modified work schedules; reassignment to a vacant
position; acquisition or modifications of equipment or devices; appropriate adjustment or
modifications of examinations; training materials, or policies; the provision of qualified readers
or interpreters; and other similar accommodations for individuals with disabilities.

  (3) To determine the appropriate reasonable accommodation it may be necessary for the
  covered entity to initiate an informal, interactive process with the qualified individual with a
  disability in need of the accommodation. This process should identify the precise limitations
  resulting from the disability and potential reasonable accommodations that could overcome
  those limitations.

(p)    Undue hardship -- (1) In general. Undue hardship means, with respect to the provision of
an accommodation, significant difficulty or expense incurred by a covered entity, when
considered in light of the factors set forth in paragraph (p) (2) of this section.
  (2) Factors to be considered. In determining whether an accommodation would impose an
  undue hardship on a covered entity, factors to be considered include:

  (i) The nature and net cost of the accommodation needed under this part, taking into
  consideration the availability of tax credits and deductions, and/or outside funding;
        (ii) The overall financial resources of the facility or facilities involved in the provision of
the reasonable accommodation, the number of persons employed at such facility,
and the effect on expenses and resources;
         (iii) The overall financial resources of the covered entity, the overall size of the business of the covered
entity with respect to the number of its employees, and the number, type and location of its facilities;
         (iv) The type of operation or operations of the covered entity, including the composition , structure and
functions of the workforce of such entity, and the geographic separateness and administrative or fiscal
relationship of the facility or facilities in question to the covered entity; and
(v)     The impact of the accommodation upon the operation of the facility, including the impact on the ability
of other employees to perform their duties and the impact on the facilities ability to conduct business.
(q)    Qualification standards means the personal and professional attributes including the skill, experience,
education, physical, medical, safety and other requirements established by a covered entity as requirements
which an individual must meet in order to be eligible for the position held or desired.
(r)     Direct Threat means a significant risk of substantial harm to the health or safety of the individual or
others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual
poses a “direct threat” shall be based on an individualized assessment of the individual’s present ability to
safely perform the essential functions of the job. This assessment shall be based on a reasonable medical
judgment that relies on the most current medical knowledge and/or the best available objective evidence. In
determining whether an individual would pose a direct threat, the factors to be considered include:
(1)    The duration of the risk;
(2)    The nature and severity of the potential harm;
(3)    The likelihood that the potential harm will occur; and
(4)    The imminence of the potential harm.

                                                    FINDING
        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
===============================================================================
      REGULATION 29 CFR 1630.3 EXCEPTIONS TO THE DEFINITIONS OF
      “DISABILITY AND “QUALIFIED INDIVIDUAL WITH A DISABILITY.”
(a)    The terms disability and qualified individual with a disability do not include individuals currently
engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.
(1)    Drug means a controlled substance as defined in schedules I through V of Section 202 of the Controlled
Substances Act (21 U.S.C. 812)
(2)    Illegal use of drugs means the use of drugs the possession or distribution of which is unlawful under the
Controlled Substances Act, as periodically updated by the Food and Drug Administration. This term does not
include the use of a
      drug taken under the supervision of a licensed health care professional, or other uses authorized by the
      Controlled Substances Act or other provisions of Federal law.
(b) However, the terms disability and qualified individual with a disability may not exclude an individual who;
(1) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal
use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of
drugs; or
(2) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or
(3) Is erroneously regarded as engaging in such use, but is not engaging in such use.
(c) It shall not be a violation of this part for a covered entity to adopt or administer reasonable policies or
procedures, including but not limited to drug testing, designed to ensure that an individual, described in
paragraph (b) (1) or (2) of this section is no longer engaging in the illegal use of drugs. (See 1630.16(c) Drug
testing).
(d) Disability does not include: (please refer to Regulation 28 CFR 35.104 Definition for Disability (5) (i-iii)
(e) Homosexuality and bisexuality are not impairments and so are not disabilities as defined in this part.

                                                    FINDING
No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
===============================================================================

                       REGULATION 29 CFR 1630.4 DISCRIMINATION PROHIBITED
It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual with a
disability in regard to:
(a) Recruitment, advertising, and job application procedures;
b) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from
layoff, and rehiring;
(c) Rates of pay or any other form of compensation and changes in compensation;
(d) Job assignments, job classifications, organizational structures, position descriptions, lines of progression,
and seniority lists;
(e) Leaves of absence, sick leave, or any other leave;
(f) Fringe benefits available by virtue of employment, whether or not administered by the covered entity;
(g) Selection and financial support for training, including:
       apprenticeships, professional meetings, conferences and other related activities, and selection for leaves
       of absence to pursue training;
(h) Activities sponsored by a covered entity including social and recreational programs; and
(1) Any other term, condition, or privilege of employment. The term discrimination includes, but is not limited
to the acts
described in 1630.5 through 1630.13 of this part.

                                                     FINDING

(a) State agencies have not adopted procedures to ensure an equal opportunity for individuals with
communication impairments in the recruitment, advertising, and job application process. Job notices and
advertisements are only posted in written format. Notifications for job interviews do not contain procedures for
requesting interpreters for the deaf, readers for the blind, or any other accommodations. Most, but not all state
agencies do take steps to ensure the sites of job interviews are physically accessible.
(b) The state Constitution (Article I Section 2), Fair Employment Practices Act (§ 28-5), Equal Opportunity and
Affirmative Action Act (§ 28-5.1), the Discrimination Against the Handicapped Act (§ 42-87), and Merit
System: Merit as Basis -- Discrimination Prohibited Act (§ 36-4-50) all prohibit discrimination on the basis of
handicap (disability) in state employment with regard to hiring, upgrading, promotion, tenure, demotion,
transfer, layoff, termination, right of return, and rehiring. The state Merit System: Handicapped Persons -
Special List of Eligibles Act (§ 36-4-61) provides a method for individuals with physical impairments to bypass
any civil service examination when the test results would reflect their disability rather than what the test
purports to measure. The State Office of Personnel Administration’s Testing Unit provides readers and untimed
examinations for individuals with vision or reading disabilities. Procedures have not been adopted to ensure that
all examinations utilized by the state are free from discriminatory criteria.
(c) Rates of pay for state positions are established by law, or regulation prior to positions being filled, thereby
avoiding discrimination.
(d) Most state agency position descriptions are not available in a non-written format. The Office of Personnel
Administration has not completed a review of job descriptions to ensure none contain discriminatory
qualifications.
(e) Leaves of absence, sick leave, and other forms of leave are available to all state employees without regard to
disability.
(f) Fringe benefits are available to all employees without regard to disability. The Office of Personnel
Administration has not completed a review of the methods utilized by non-state providers of those benefits to
ensure that each is operated in a nondiscriminatory manner. Employee benefit information is only available in
written format.
(g) Notices with regards to training opportunities are only posted in written format. Registration forms for
courses offered by the Office of Training and Development do not contain procedures for requesting
interpreters for the deaf, readers for the blind, or any other accommodations. The notices of training
opportunities do contain both voice and TDD numbers for further information. The Commission on State
Government Internships:
Summer Internships for the Disabled and Handicapped College Students (§ 42-47-8) provides summer
internships in state
agencies for college students with disabilities, integrated into the summer internship program for Rhode Island
residents attending out-of-state colleges. This program offers college students with disabilities (whether
attending in-state or out-of-state colleges) additional opportunities to gain experience in state government
service. The Commission also offers a spring semester internship program for colleges students attending in-
state colleges, which is open to students without regard to disability. Funding of auxiliary aids for use during
training has not been provided.
     (h) Most state agencies have not established procedures for ensuring that agency sponsored social and
recreational programs are offered in accessible locations and notices contain procedures for requesting
interpreters for the deaf, readers for the blind, or any other accommodations.
    (i) State personnel manuals are not available in non-print formats. Staff at the Office of Personnel
Administration will read information from personnel manuals, position descriptions, etc. to individuals upon
request.

                                               PLAN OF ACTION

     a) State agency advertisements of job vacancies shall be displayed in a section of the newspapers that
contains the procedure for requesting interpreters for the deaf, readers for the blind, or any other
accommodations. These notices will also be broadcast (see Regulation 28 CFR 35.149). A central listing of all
job vacancies will be maintained by the Office of Personnel Administration that is accessible by phone (voice
and TDD). All state agencies will be directed to conduct all job interviews in locations that conform to the RI
Open Meeting Handicapped Accessibility Standard.
    b) The state Merit System: Handicapped Persons - Special List of Eligibles Act (§ 36-4-61) will be
amended to provide a method for individuals with mental impairments to bypass any civil service examination
when the test results would reflect their disability rather than what the test purports to measure. The Office of
Personnel Administration shall adopt procedures to ensure that all examinations utilized by the state are free
from discriminatory criteria.
     d) Job descriptions in non-print format will be made available through the Secretary of State’s Central
Document Reproduction Center, upon request (see Regulation 28 CFR 35.160). The Office of Personnel
Administration will use the Hallcrest Study “Modernization of the Personnel System,” to complete the review
of job descriptions and to ensure any discriminatory language is removed.
    f) The Office of Personnel Administration will complete a review of the operations of providers of fringe
benefits and take steps to ensure any discriminatory practices are eliminated.
     g) Notices of training opportunities will be provided in a non-print format upon request from the Central
Document Reproduction Center (see Regulation 28 CFR 35.160). Funding for interpreters for the deaf, readers
for the blind, or other accommodations will be provided from the central interpreter fund, central reader fund,
(see Regulation 28 CFR 35.160) or
central pool of auxiliary aids (see Regulation 28 CFR 35.149).
     h) All state agencies will be directed to conduct all employee social and recreation programs in locations
that conform to the RI Open Meeting Handicapped Accessibility Standard and all social and recreation program
notices shall contain procedures for requesting interpreters for the deaf, readers for the blind, or any other
accommodations.
    1) State personnel manuals and employee benefit manuals will be available in non—print format from the
Central Documents Reproduction Center (see Regulation 28 CFR 35.160).
ITEM                                         LEAD AGENCIES              DEADLINE                   COST
Draft amendment to §36-4-61                  Gov. Comm.o/t Handicapped Jan. 1, 1992                NONE
Sponsor & enact amendment §36-4-1            General Assembly Leaders July 1, 1992                 NONE
Central listing of all job notices           Office of Personnel Admin. July 26, 1992              15,0006
Review of examinations                       Office of Personnel Admin. July 26, 1992              see note 3
Conduct a review of job descriptions         Office of Personnel Admin. July 26, 1992              see note 3
Conduct a review of the operations of
providers of benefits                        Office of Personnel Admin. July 26, 1992              see note 3
Issue accessibility directive on social
and recreational programs                    Gov. Comm.o/t Handicapped July 26, 1992               NONE
===============================================================================

             REGULATION 29 CFR 1630.5 LIMITING SEGREGATING, AND CLASSIFYING

        It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way
that adversely affects his or her employment opportunities or status on the basis of disability.

                                                   FINDING

        Most state agencies do not limit, segregate, or classify any job applicant or employee in a way that
adversely affects his or her employment opportunities or status on the basis of disability. Many state agencies
do not have procedures to protect employees who have filed a workers’ compensation claim from
discrimination when they return to work, nor do most agencies advise injured workers of the right to reasonable
accommodations (See 29 CFR 1630.9).

                                              PLAN OF ACTION

        The Office of Personnel Administration shall issue regulations protecting the rights of employees who
have filed a workers’ compensation claim to return to work and to be advised of their right to reasonable
accommodations (See 29 CFR 1630.9).

ITEM                                         LEAD AGENCIES                        DEADLINE                COST
Issue regulations protecting employees
who have filed a workers’ comp. claim        Office of Personnel Admin.            July 26, 1992          NONE

===============================================================================
REGULATION 29 CFR 1630.6 CONTRACTUAL OR OTHER ARRANGEMENTS

(a) In general. It is unlawful for a covered entity to participate in a contractual or other arrangement or
relationship that has the effect of subjecting the covered entity’s own qualified applicant or employee with a
disability to the discrimination prohibited by this part.
(b) Contractual or other arrangement defined. The phrase contractual or other arrangement or relationship
includes but is not limited to, a relationship with an employment or referral agency; labor union, including
collective bargaining agreement; an organization providing fringe benefits to an employee of the covered entity;
or an organization providing training and apprenticeship programs.
(c) Application. This section applies to a covered entity, with respect to its own applicants or employees,
whether the entity offered the contract or initiated the relationship, or whether the entity accepted the contract or
acceded to the relationship. A covered entity is not liable for the actions of the other party or parties to the
contract which only affect that other party’s employees or applicants.

                                                     FINDING

Most state agencies have no procedure for determining if referral agencies or apprenticeship programs they
utilize discriminate on the basis of disability. State collective bargaining agreements do not contain provisions
allowing for reasonable accommodations for employees with disabilities. None of the collective bargaining
agreements contain a nondiscrimination clause that includes reference to the Americans with Disabilities Act.

                                               PLAN OF ACTION

The Department of Administration’s Labor Relations Office shall arrange for the insertion into all state
collective bargaining agreements, nondiscrimination clause and a reasonable accommodation clause, at the time
of renegotiation. All quasi-governmental entities shall arrange for the insertion into all state collective
bargaining agreements, nondiscrimination clause and a reasonable accommodation clause, at the time their
agreements are renegotiated.

ITEM                                LEAD AGENCIES                            DEADLINE                COST
Drafting nondiscrimination clause &
reasonable accommodation clause Equal Opportunity Office                     April 1, 1992         see note 3
Inserting these clauses into all                                             During the next collective
collective bargaining agreements    Labor Relations Office                   bargaining negotiation
                                    & quasi-govt. entities                   for each union.       see note 3

===============================================================================

                 REGULATION 29 CFR 1630.7 STANDARDS, CRITERIA, OR METHODS
                                    OF ADMINISTRATION

It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-
related and consistent with business necessity, and;
(a) That have the effect of discriminating on the basis of
disability; or

(b) That perpetuate the discrimination of others who are subject to common administrative control.

                                      FINDING AND PLAN OF ACTION
                                            (See 29 CFR 1630.4)

===============================================================================

                    REGULATION 29 CFR 1630.8 RELATIONSHIP OR ASSOCIATION
                          WITH AN INDIVIDUAL WITH A DISABILITY

        It is unlawful for a covered entity to exclude or deny equal jobs or benefits to, or otherwise discriminate
against, a qualified individual because of the known disability of an individual with whom the qualified
individual is known to have a family, business, social or other relationship or association.


                                      FINDING AND PLAN OF ACTION
                                           (See 28 CFR 35.130 [g])

===============================================================================

           REGULATION 29 CFR 1630.9 NOT MAKING REASONABLE ACCOMMODATION

        (a) It is unlawful for a covered entity not to make reasonable accommodation to the known physical or
mental limitations of an otherwise qualified applicant or employee with a disability, unless such covered entity
can demonstrate that the accommodation would impose an undue hardship on the operation of its business.
        (b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job
applicant or employee with a disability based on the need of such covered entity to make reasonable
accommodation to such individual’s physical or mental impairments.
        (c) A covered entity shall not be excused from the requirements of this part because of any failure to
receive technical assistance authorized by section 506 of the ADA, including any failure in the development or
dissemination of any technical assistance manual authorized by that Act.
         (d) A qualified individual with a disability is not required to accept an accommodation, aid, service,
opportunity or benefit which such qualified individual chooses not to accept. However, if such individual rejects
a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual to
perform the essential functions of the position held or desired, and cannot, as a result of the rejection, perform
the essential functions of the position, the individual will not be considered a qualified individual with a
disability.

                                                    FINDING

       The State Constitution (Article I Section 2), Fair Employment Practices Act (§ 28-5) and the
Discrimination Against the Handicapped Law (§ 42-87) require state agencies to make
reasonable accommodations for job applicants and employees with disabilities. Most state agencies have not
adopted procedures for determining “undue hardship”, nor notified employees and job applicants of the
procedure for requesting an accommodation.

                                                 PLAN OF ACTION

        The Office of Personnel Administration shall issue regulations for determining “undue hardship”. The
Equal Opportunity Office shall establish model procedures for agencies to use to notify employees and job
applicants of the procedure for requesting an accommodation. Vocational Rehabilitation Services (with
assistance as needed from Services for the Blind and Visually Impaired, the Division of Mental Health, or the
Division of Retardation and Developmental Disabilities) shall provide assistance to state agencies in assessing
an employee’s or job applicants need for reasonable accommodations and develop with the employee or job
applicant and the state agency a “reasonable accommodation plan”.

ITEM                                           LEAD AGENCIES                   DEADLINE                COST
Issuing regulations on how to determine
“undue hardship”                               Office of Personnel Admin. July 1, 1992                  see note 3
Drafting model procedures for requesting
reasonable accommodations                       Equal Opportunity Office        April 1, 1992           see note 3
Establishing a job analysis & reasonable
accommodation plan development serv.           Vocational Rehabilitation       July 1, 1992            $5,000/yr7

===============================================================================

                      REGULATION 29 CFR 1630. 10 QUALIFICATION STANDARDS,
                            TESTS, AND OTHER SELECTION CRITERIA

         It is unlawful for a covered entity to use qualification standards, employment tests or other selection
criteria that screen out or tend to screen out an individual with a disability or a class of individuals with
disabilities, on the basis of disability, unless the standard, test or other selection criteria, as used by the covered
entity, is shown to be job-related for the position in question and is consistent with business necessity.

                                        FINDING AND PLAN OF ACTION
                                              (See 29 CFR 1630.4)

===============================================================================

                        REGULATION 29 CFR 1630.11 ADMINISTRATION OF TESTS

        It is unlawful for a covered entity to fail to select and administer tests concerning employment in the
most effective manner to ensure that, when a test is administered to a job applicant or employee who has a
disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude, or
whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the
impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the
factors that the test purports to measure).
                                     FINDING AND PLAN OF ACTION
                                           (See 29 CFR 1630.4)

=======================================================================

                      REGULATION 29 CFR 1630.12 RETALIATION AND COERCION
        (a) Retaliation. It is unlawful to discriminate against any individual because that individual has
opposed any act or practice made unlawful by this part or because that individual made a charge, testified,
assisted or participated in any manner in any investigation, proceeding, or hearing to enforce any provision
contained in this part.

        (b) Coercion, interference or intimidation. It is unlawful to coerce, intimidate, threaten, harass or
interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any
other individual in the exercise of, any right granted or protected by this part.

                                     FINDING AND PLAN OF ACTION
                                           (See 28 CFR 35.134)

===============================================================================

                REGULATION 29 CFR 1630.13 PROHIBITED MEDICAL EXAMINATIONS
                                       AND INQUIRIES

         (a) Pre—employment examination or inquiry. Except as permitted by 1630.14, it is unlawful for a
covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant
is an individual with a disability or as to the nature of severity of such disability.

(b)Examination or inquiry of employees. Except as permitted by 1630.14, it is unlawful for a covered entity to
require a medical examination of an employee or to make inquires as to whether an employee is an individual
with a disability or as to the nature or severity of such disability.

                                                   FINDING

         Most state agencies do not require medical examinations with regards to employment. The state “Bar of
Claims” form which asks for information concerning the filing of workers’ compensation claims is completed
by employees, after the job offer has been extended. Some state agencies require “medical proof of ability to
perform certain tasks”, as part of a pre—employment screening, and so note on their job descriptions / vacancy
notices.

                                              PLAN OF ACTION
        The Office of Personnel Administration shall issue regulations prohibiting the requiring of medical
examinations or inquires until after the agency has made an offer of employment but only in cases when all
entering employees in the same job category are subject to such an examination or inquire. All job descriptions /
vacancy notices related to jobs requiring “employment entrance examinations shall include a clause noting
same. The Office of Personnel Administration shall issue regulations to ensure that agencies do not utilize the
“Bar of Claims” forms as a means of screening out individuals with disabilities from employment.

ITEM                          LEAD AGENCIES                                DEADLINE               COST
Issuing regulations on medical
examinations                  Office of Personnel Admin.                   July 1, 1992           see note 3
Drafting model employment
entrance examination clause Office of Personnel Admin.                     July 1, 1992           see note 3
Issuing regulations on the use of the
"Bar of Claims” form          Office of Personnel Admin.                   July 1, 1992           see note 3

===============================================================================

              REGULATION 29 CFR 1630.14 MEDICAL EXAMINATIONS AND INQUIRES
                                SPECIFICALLY PERMITTED

        (a) Acceptable pre—employment inquiry. A covered entity may make pre—employment inquires
into the ability of an applicant to perform job—related functions, and! or may ask an applicant to describe or to
demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job—related
functions.

        (b) Employment entrance examination. A covered entity may require a medical examination (and/or
inquiry) after making an offer of employment to a job applicant and before the applicant begins his or her
employment duties, and may condition an offer of employment on the results of such examination (and/or
inquiry), if all entering employees in the same job category are subjected to such an examination (and/or
inquiry) regardless of disability.

        (1) Information obtained under paragraph (b) of this section regarding the medical condition or
history of the applicant shall be collected and maintained on separate forms and in separate medical files and be
treated as a confidential medical record, except that:

       (i)    Supervisors and managers may be informed regarding necessary restrictions on the work or duties
                     of the employee and necessary accommodations;

      (ii)   First aid and safety personnel may be informed, when appropriate, if the disability might require
emergency treatment; and

       (iii) Government officials investigating compliance with their part shall be provided relevant
information on request.

       (2)    The results of such examination shall not be used for any purpose inconsistent with this part.

        (3)   Medical examinations conducted in accordance with this section do not have to be job—related
and consistent with business necessity. However, if certain criteria are used to screen out an employee or
employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job—
related and consistent with business necessity, and performance of the essential job functions cannot be
accomplished
with reasonable accommodation as required in this part. (See 1630.15(b) Defenses to charges of discriminatory
application of selection criteria.)
         (c) Examination of employees. A covered entity may require a medical examination (and/or inquiry)
of an employee that is job-related and consistent with business necessity. A covered entity may make inquiries
into the ability of an employee to perform job-related functions.
         (1) Information obtained under paragraph (C) of this section regarding the medical condition or
history of any employee shall be collected and maintained on separate forms and in separate medical files and
be treated as a confidential medical record, except that:
        (i)   Supervisors and managers may be informed regarding necessary restrictions on the work or duties
                      of the employee and necessary accommodations;
       (ii) First aid and safety personnel may be informed, when appropriate, if the disability might require
emergency treatment; and
        (iii) Government officials investigating compliance with this part shall be provided relevant information
on request.
         (2) Information obtained under paragraph (c) of this section regarding the medical condition or
history of any employee shall not be used for any purpose inconsistent with this part.
        (d) Other acceptable examinations and inquiries. A covered entity may conduct voluntary medical
examinations and activities, including voluntary medial histories, which are part of an employee health program
available to employees at the work site.
         (1) Information obtained under paragraph (d) of this section regarding the medical condition or
history of any employee shall be collected and maintained on separate forms and in separate medical files and
be treated as a confidential medical record, except that:
        (i) Supervisors and managers may be informed regarding necessary restrictions on the work or duties
of the employee and necessary accommodations;
       (ii) First aid and safety personnel may be informed, when appropriate, if the disability might require
emergency treatment; and
        (iii) Government officials investigating compliance with this part shall be provided relevant information
on request.
         (2) Information obtained under paragraph (d) of this section regarding the medical condition or
history of any employee shall not be used for any purpose inconsistent with this part.

                                      FINDING AND PLAN OF ACTION
                                           (See 29 CFR 1630.13)

===============================================================================

                                 REGULATION 29 CFR 1630.15 DEFENSES

        Defenses to an allegation of discrimination under this part include, but are not limited to, the following:
        (a) Disparate treatment charges. It may be a defense to a charge of disparate treatment brought under
1630.4 through 1630.8
and 1630.11 through 1630.12 that the challenged action is justified by a legitimate, nondiscriminatory reason.
         (b) Charges of discriminatory application of selection criteria -- (1) In general. It may be a defense
to a charge of discrimination, as described in 1630.10 that an alleged application of qualification standards,
tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an
individual with a disability has been shown to be job-related and consistent with business necessity, and such
performance cannot be accomplished with reasonable accommodation, as required in this part.
  (2) Direct threat as a qualification standard. The term “qualification standard” may include a requirement
that an individual shall not pose a direct threat to the health or safety of the individual or others in the
workplace. (see 1630.2(r) defining direct threat.)
         (c) Other disparate impact charges. It may be a defense to a charge of discrimination brought under
this part that a uniformly applied standard, criterion, or policy has a disparate impact on an individual with a
disability or a class of individuals with disabilities that the challenged standard, criterion or policy has been
shown to be job-related and consistent with business necessity, and such performance cannot be accomplished
with reasonable accommodation, as required in this part.
        (d) Charges of not making reasonable accommodation. It may be a defense to a charge of
discrimination under this part that a challenged action is required or necessitated by another Federal law or
regulation prohibits an action (including the provision of a particular reasonable accommodation) that would
otherwise be required by this part.
         (e) Conflict with other federal laws. It may be a defense to a charge of discrimination under this part
that a challenged action is required or necessitated by another Federal law or regulation, or that another Federal
law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that
would otherwise be required by this part.
        (f) Additional defenses. It may be a defense to a charge of discrimination under this part that the
alleged discriminatory action is specifically permitted by 1630.14 or 1630.16.

                                                   FINDING

       No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
===============================================================================
       REGULATION 29 CFR 1630.16 SPECIFIC ACTIVITIES PERMITTED
         (a) Religious entities. A religious corporation, association, educational institution, or society is
permitted to give preference in employment to individuals of a particular religion to perform work connected
within the carrying on by that corporation, association, educational institution, or society of its activities. A
religious entity may require that all applicants and employees conform to the religious tenets of such
organization. However, a religious entity may not discriminate
against a qualified individual, who satisfies the permitted religious criteria, because of his or her disability.
        (b)   Regulation of alcohol and drugs. A covered entity:
        (1)   May prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;
        (2) May require that employees not be under the influence of alcohol or be engaging in the illegal use
of drugs at the workplace;
        (3) May require that all employees behave in conformance with the requirements established under
the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.);
        (4) May hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same
qualification standards for employment or job performance and behavior which the entity holds its other
employees, even if any unsatisfactory performance and behavior to which the entity holds its other employees,
even if any unsatisfactory performance or behavior is related to the employee’s drug use or alcoholism;
        (5) May require that its employees employed in an industry subject to such regulations comply with
the standards established in the regulations (if any) of the Departments of Defense and Transportation, and the
Nuclear Regulatory Commission , regarding alcohol and the illegal use of drugs, and
        (6) May require that employees employed in sensitive positions comply with the regulations (if any)
of the Departments of Defense and Transportation and of the Nuclear Regulatory Commission that apply to
employment in sensitive positions subject to such regulations.
        (c) Drug testing -- (1) General policy. For purposes of this part, a test to determine the illegal use of
drugs is not considered a medical examination. Thus, the administration of such drug is not considered a
medical examination. Thus, the administration of such drug tests by a covered entity to its job applicants or
employees is not a violation of 1630.13 of this part. However, this part does not encourage, prohibit, or
authorize a covered entity to conduct drug tests of job applicants or employees to determine the illegal use of
drugs or to make employment decisions based on such test results.
        (2) Transportation Employees. This part does not encourage, prohibit, or authorize the otherwise
lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to:
         (i) Test employees of entities in, and applicants for, positions involving safety sensitive duties for the
illegal use of drugs or for on-duty impairment by alcohol; and
       (ii) Remove from safety-sensitive positions persons who test positive for illegal use of drugs or on-
duty impairment by alcohol pursuant to paragraph (c) (2) (i) of this section.
        (3) Confidentiality. Any information regarding the medical condition or history of any employee or
applicant obtained from a test to determine the illegal use of drugs, except information regarding the illegal use
of drugs, is subject to the requirements of 1630.14(b) (2) and (3) of this part.
        (d) Regulations of smoking. A covered entity may prohibit or impose restrictions on smoking in
places of employment. Such
restrictions do not violate any provision of this part.
        (e)   Infectious and communicable diseases; food handling jobs
-- (1) In general. Under title I of the ADA, section 103(d) (1), the Secretary of Health and Human Services is to
prepare a list, to be updated annually, of infectious and communicable diseases which are transmitted though
the handling of food. (Copies may be obtained from Center for Infectious Diseases, Centers for Disease
Control, 1600 Clifton Road, NE., Mailstop C09, Atlanta, GA 30333.) If an individual with a disability is
disabled by one of the infectious or communicable diseases included on its list, and if the risk of transmitting
the disease associated with the handling of food cannot be eliminated by reasonable accommodation, a covered
entity may refuse to assign or continue to assign such individual to a job involving food handling. However, if
the individual food handling. However, if the individual with a disability is a current employee, the employer
must consider whether he or she can be accommodated by reassignment to a vacant position not involving food
handling.
         (2) Effect on state or other laws. This part does not preempt, modify, or amend any State, county, or
local law, ordinance or regulation applicable to food handling which:
        (i) Is in accordance with the list, referred to in paragraph (e) (1) of this section, of infectious or
communicable diseases and the modes of transmissibility published by the Secretary of Health and Human
Services; and
        (ii)      Is designed to protect the public health from individuals who pose a significant risk to the
health or safety of others, where that risk cannot be eliminated by reasonable accommodation.

        (f) Health insurance, life insurance, and other benefit plans -- (1) An insurer, hospital, or medical
service company, health maintenance organization, or any agent or entity that administers benefit plans, or
similar organizations may underwrite risks, classify risks, or administer such risks that are based on or not
inconsistent with State law.
        (2) A covered entity may establish, sponsor, observe or administer the terms of a bona fide benefit
plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not
inconsistent with State law.
         (3) A covered entity may establish, sponsor, observe, or administer the terms of a bona fide benefit
plant that is not subject to State laws that regulate insurance.
         (4) The activities described in paragraph (f) (1), (2), and (3) of this section are permitted unless these
activities are being used as a subterfuge to evade the purposes of this part.

                                                    FINDING
        No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
===============================================================================
                                 SUBPART D – PROGRAM ACCESSIBILITY


                      REGULATION 28 CFR 35.149 DISCRIMINATION PROHIBITED

        Except as otherwise provided in 35.150, no qualified individual with a disability shall, because a public
entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation
in, or be denied the benefits of the services, programs, or activities of a public entity, or be subject to
discrimination by any public entity.


                                                    FINDING

         State agencies are required by the RI Constitution (Article I Section 2) and general laws (42-87 and 28-
5.1) to operate their services, programs, and activities in a manner which ensures all qualified individuals with
disabilities have access to and use of those services, programs, and activities. Meetings of public bodies are
required to be conducted in locations that are accessible and notices of such meetings are required to contain a
description of the procedure for obtaining interpreter services for the deaf.
         Most state agencies have instituted procedures to ensure that locations for short term services, programs,
and activities are physically accessible. Unfortunately a comprehensive listing of accessible meeting/conference
sites that meet the ADAAG has not been compiled.
         Many state agencies have included language on printed notices and newspaper advertisements
describing the procedure for requesting interpreters for the deaf for services, programs, and activities of a
limited duration. The telephone directory’s listing of state agency phone numbers contains both within each
agency’s list and separately a listing of TDD numbers.
         Most state agencies do not have auxiliary aids available to ensure access to and use of services,
programs, and activities, other than TDDs (see list of agencies with TDDs in appendix) Most state agencies
have not adopted policies and procedures to ensure that auxiliary aids are provided when requests. Most state
agencies have not informed their employees that individuals with disabilities have a right to auxiliary aids in
order to access and use the agency’s services, programs, and activities.

                                               PLAN OF ACTION

         A comprehensive list of meeting and conference sites that conform to the ADAAG standard shall be
provided to all state agencies with a directive that only these sites can be used. Agencies wishing to utilize other
facilities will be required to get a certification of accessibility from the State Building Commission. Once a site
is certified it would be added to the comprehensive list.
         All state agency notices of meetings, conferences, bids, etc. shall be printed in one section of the
newspaper. That section shall contain a banner (headline) with information concerning the procedure for
requesting interpreters, readers, or other assistance to ensure equal access and use of any and all state services,
programs, or activities listed. All state agency
notices will also be broadcast (audio and visual) by the RI Radio Information Service, WSBE TV, and Capitol
TV once a week at a scheduled time and day. Capitol TV will be responsible for producing the tape each week
and providing an audio copy to the Radio Information Service and a video tape to WSBE TV.
        A central pool of auxiliary aids shall be established, within the State Library Service. When state
agencies need auxiliary aids to provide access and or use of a service, program, or activity the equipment would
be “loaned” to the agency from this central fund. When the equipment is no longer needed it would be returned,
repaired (if needed) and be made available for use by another agency. The Office of Higher Education shall
establish a similar pool of auxiliary aids to provide access and use for students in the three state colleges. The
Department of Elementary and Secondary Education shall establish a similar pool of auxiliary aids to provide
access and use for students at the School for the Deaf and the vocational technical schools. The Governor’s
Commission on the Handicapped will arrange for the purchase of equipment for the three central pools of
auxiliary aids from the Accessibility Renovation Fund (see 28 CFR 35.150 below)
        Uniform procedures on assistive devices shall be adopted to ensure appropriate auxiliary aids are made,
available upon request, to individuals with disabilities so they may enjoy equal access and use of state services,
programs, and activities.

ITEM                                    LEAD AGENCIES                       DEADLINE               COST
Inspection of meeting sites
Draft uniform procedure on
Assistive devices being available       Gov. Comm.o/t Handicapped           March 1, 1992          NONE
Text of Banner for state notices        Gov. Comm. oft Handicapped          March 1, 1992          NONE
Establishment of state notice
section in the newspaper                Div. of Purchasing                  March 1, 1992        REDUCED 5%8
Development of comprehensive list       Gov. Comm.o/t Handicapped
of accessible facilities                & State Building Comm.              April 1, 1992          see note 2
Selection of auxiliary aids             Gov. Comm.o/t Handicapped           July 1, 1992           see note 2
Purchase of auxiliary aids              State Building Comm.                Sept. 1, 1992          $214,1009
Establish a central pool of auxiliary   Regional Library f/t
aids for short term use by agencies     Blind & Phy. Hand.                  Sept. 1, 1992          $18,000/yr10
Establish a central pool of auxiliary
aids for elem. & sec. school use        Dept. of Education                  Sept. 1, 1992          NONE
Establish a central pool of auxiliary
aids for higher education use           Office of Higher Education          Sept. 1, 1992          NONE

===============================================================================

                            REGULATION 28 CFR 35.150 EXISTING FACILITIES

         (a) General. A public entity shall operate each service, program, or activity so that the service,
program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with
disabilities. This paragraph does not –

        (1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by
individuals with disabilities.
        (2) Require a public entity to take any action that would threaten or destroy the historic significance of
an historic property; or
         (3) Require a public entity to take any action that it can demonstrate would result in a fundamental
alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In
those circumstances where personnel of the public entity believe that the proposed action would result in undue
financial and administrative burdens, a public entity has the burden of proving that compliance with 35.150(a)
of this part would result in such alteration or burdens. The decision that compliance would result in such
alteration or burdens must be made by the head of the public entity or his or her designee after considering all
resources available for use in the funding and operation of the service, program, or activity, and must be
accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in
such an alteration or such burdens, a public entity shall take any other action that would not result in such an
alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits or
services provided by the public entity.
        (b) Methods — (1) General. A public entity may comply with the requirements of this section through
such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to
beneficiaries, home visits, delivery of services at alternative accessible sites, alteration of existing facilities and
construction of new facilities, use of accessible rolling stock or other conveyances, or other methods that result
in making its services, programs, or activities readily accessible to and usable by individuals with disabilities. A
public entity is not required to make structural changes in existing facilities where other methods are effective
in achieving compliance with this section. A public entity, in making alterations to existing buildings, shall
meet the accessibility requirements of 35.151. In choosing among available methods for meeting the
requirements of this section, a public entity shall give priority to those methods that offer services, programs,
and activities to qualified individuals with disabilities in the most integrated setting appropriate.
        (c)    Historic preservation programs. In meeting the requirements of 35.150(a) in historic
preservation programs, a public entity shall give priority to methods that provide physical access to individuals
with disabilities. In ceases where a physical alteration to an historic property is not required because of
paragraph (a) (2) or (a) (3) of this section, alternative methods of achieving program accessibility include -
       (i) Using audio-visual materials and devices to depict those portions of an historic property that cannot
otherwise be made accessible;
        (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties
that cannot otherwise be made accessible; or
        (iii) Adopting other innovative methods.
                                RI ADA SELF-EVALUATION & COMPLIANCE PLAN


        (c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the
obligations established under this section, such changes shall be made within three years of January 26, 1992,
but in any event as expeditiously as possible.
        (d) Transition plan. (a) In the event that structural changes to facilities will be undertaken to achieve
program accessibility, a public entity that employs 50 or more persons shall develop, within six months of
January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity
shall provide an opportunity to interested persons, including individuals with disabilities or organizations
representing individuals with disabilities, to participate in the development of the transition plan by submitting
comments. A copy of the transition plan shall be made available for public inspection.
        (2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan
shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs,
giving priority to walkways serving entities covered by the Act, including State and local government offices
and facilities, transportation, places of public accommodations, and employers, followed by walkways serving
other areas.
        (3) The plan shall, at a minimum —
        (i) Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs
or activities to individuals with disabilities;
        (ii) Describe in detail the methods that will be used to make the facilities accessible;
        (iii) Specify the schedule for taking the steps necessary to achieve compliance with this section and, if
the time period of the transition plan is longer than one year, identify steps that will be taken during each year of
the transition period; and
        (iv) Indicate the official responsible for implementation of the plan.
        (4) If a public entity has already complied with the transition plan requirements of a Federal agency
regulation implementing section 504 of the Rehabilitation Act of 1973, then the requirements of this paragraph
(d) shall apply only to those policies and practices that were not included in the previous transition plan.

                                                    FINDINGS

        The State Properties Committee will not lease facilities, on behalf of state agencies, unless the State
Building Commissioner certifies that the facility complies with the applicable handicapped accessibility
standard or the Governor’s Commission on the Handicapped’s Accessibility Committee grants a variance.
Variances are only granted when the agency planning to utilize the facility demonstrates that it has in place a
plan to provide programmatic and employment access to all programs, services, and activities to be offered in
that facility. The State Building Commission is incorporating the ADAAG and UFAS standards into the
state building code so only one standard will need to be utilized in the future. Some quasi-governmental
corporations do not use the State Properties Committee when leasing facilities. These. agencies have leased
facilities without determining whether they are accessible.
         Following the issuance of Section 504 Regulations in the late 70’s the State of Rhode Island established
a uniform procedure for eliminating environmental and communication barriers at state owned facilities, Access
for All in the Ocean State. Each state agency has been required to identify those services, programs and
activities that were not offered in a totally accessible facility. The state agencies then requested funding from
the Governor’s Commission on the Handicapped to overcome environmental and communication barriers to
those services, programs, or activities. The Governor’s Commission on the Handicapped in conjunction with the
State Building Commission has developed and implemented Rhode Island’s Section 504 Transition Plan. The
Accessibility Committee consists of representatives of organizations of individuals with disabilities and the
State Building Commission. Since 1980 over 156 facilities have been renovated, 150 TDDs purchased, and 3
facilities have been equipped with assistive listening systems. The 504 Transition Plan has been updated twice.
Since 1980 the voters have approved three Handicapped Access Bond Issues for a total expenditure of
$12,250,000. The state is continuing its efforts to eliminate pockets of inaccessibility within state owned
facilities to expand employment opportunities as well as ensure programmatic accessibility and is presently
preparing a request for a fourth bond issue.
         Many state agencies have not adopted procedures to ensure when the existing facility is not accessible
that the services, programs, and activities operated within the inaccessible facility are still available to
individuals with disabilities.
(see regulation 28 CFR 35.149 above)
         The state has not established a procedure for achieving program accessibility to historic preservation
programs.
         The Department of Transportation has been directed to develop a transition plan with regards to
pedestrian walkways and curb cuts, ramps or other slopes.

                                              PLAN OF ACTION

        The current procedure requiring the State Properties Committee to obtain either a certification of
compliance (with the accessibility provisions of the state building code) from the State Building Commissioner,
or a variance on the handicapped accessibility standard for state leased facilities from the Accessibility
Committee of the Governor’s Commission on the Handicapped shall be codified in law and all state agencies
including quasi-governmental corporations shall be required to process their leases through the State Properties
Committee. This will ensure that all state programs, services, or activities operated in leased facilities are
accessible to and usable by individuals with disabilities, by the time all the current leases expire.
                                RI ADA SELF-EVALUATION & COMPLIANCE PLAN
        The State Building Commission shall conduct programmatic and employment accessibility inspections
of all state owned facilities that have not already been inspected. The Accessibility Committee of the
Governor’s Commission on the Handicapped will in consultation with state agencies operating from facilities
that are not programmatically accessible, determine the most appropriate method from ensuring access to and
use of all the services, programs, and activities provided in those facilities. When structural renovations are
needed to ensure programmatic and employment access, those renovations will be included in phase IV of the
Access for All in the Ocean State program. The Accessibility Committee and the State Building Commission
will revise the “504” Transition Plan process to incorporate all entities covered by the ADA and will utilize the
Accessibility Renovation Fund (part of the Asset Protection Fund).
        The existing process for granting variances for state leased facilities while ensuring programmatic and
employment accessibility shall be modified to allow for the review of historic preservation programs and the
granting of variances that approve alternative methods of achieving program accessibility.
        The Department of Transportation will complete a Pedestrian Curb Cut Transition Plan (including state
roads and state properties and state educational facilities) which will be partially funded through the federal
highway construction program.
ITEM                                           LEAD AGENCIES                           DEADLINE                COST
Draft amendment to §37-8-15                    Gov. Comm. o/t Handicapped              Jan. 1, 1992            NONE
Inspect state owned facilities
to ensure program access                       State Building Comm.                    Feb. 1, 1992            NONE
Complete the ADA/504 Transition Plan           Gov. Comm.o/t Handicapped               March 1, 1992           NONE
Complete the Curb Cut Transition Plan          Dept. of Transportation                 March 1, 1992           TBD11
Establish variances for historic
property                                       Gov. Comm.o/t Handicapped               March 1, 1992        see note 2
Sponsor & enact amendment §37-8-15             General Assembly Leaders                July 1, 1992           NONE
Implemented the ADA/504 Trans. Plan            State Building Commission               Jan. 26 1995        5 million12
Implemented the Curb Cut Trans. Plan           Dept. of Transportation                 Jan. 26, 1995          TBD13

===============================================================================

        REGULATION 28 CFR 35.151 NEW CONSTRUCTION AND ALTERATIONS
        (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use
of a public entity shall be designed and constructed in such manner that the facility or part of the facility is
readily accessible to and usable by individuals with disabilities, if the construction was commenced after
January 26, 1992.
        (b) Alteration. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity
in a manner that affects or could affect the usability of the facility or part of the facility shall, 1 to the maximum
extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and
usable by individuals with
disabilities, if the alteration was commenced after January 26, 1992.
          (C) Accessibility standard. Design, construction, or alternation of facilities in conformance with the
Uniform Federal Accessibility Standard [UFAS] (Appendix A to 41 CFR part 101-19.6) or with the Americans
with Disabilities Act Accessibility Guidelines for Buildings and Facilities [ADAAG] (Appendix A to 28 CFR
part 36) shall be deemed to comply with the requirements of this section with respect to those facilities, except
that the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1) (j) of ADAAG shall not apply.
Departures from particular requirements of either standard by the use of other methods shall be permitted when
it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.
      (d) Alterations: Historic properties. (1) Alterations to historic properties shall comply, to the
maximum extent feasible, with section 4.1.7 of UFAS or section 4.1.7 of ADAAG.
        (2) If it is not feasible to provide physical access to an historic property in a manner that will not
threaten or destroy the historic significance of the building or facility, alternative methods of access shall be
provided pursuant to the requirements of 35.150.
        (e) Curb ramps. (1) Newly constructed or altered streets, roads, and highways must contain curb ramps
or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian
walkway.
        2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other
sloped areas at intersections to streets, roads, or highways.

                                                   FINDINGS

         State law requires all new construction or alternations of government facilities to meet the state building
code’s accessibility provisions. Plans for construction or alternations of state owned facilities must be approved
by the State Building Commissioner. Once completed the State Building Commissioner must issue of
certification of occupancy that includes compliance with the accessibility provisions of the code.
         State law requires the incorporation of the ADAAG into the existing State Building Code by Jan. 1,
1992. The code is being modified to include ADAAG with exceptions for government buildings with regards to
the elevator exemption contained at section 4.1.3(5) and section 4.1.6(1) (j) of the ADAAG.
         Alterations to historic properties are reviewed by the State Building Commissioner and the Historical
Preservation Commission to ensure compliance with the state building code.
         The Department of Transportation installs curb cuts at all intersections on newly constructed or altered
streets, roads, and highways or street level pedestrian walkways that intersect streets, roads, or highways.
                                            PLAN OF ACTION

       The State Building Commission shall complete the incorporation of the ADAAG into the state building
code. Current practices of the Building Commission with regards to review and approval of plans for the new
construction or alternation of state owned facilities shall continue. Current practices of the Department of
Transportation with regards to curb cuts shall continue.

ITEM                                       LEAD AGENCIES                       DEADLINE             COST
Insert ADAAG into State Building Code      State Building Comm.                Jan. 1, 1992         NONE
                                     SUBPART E - COMMUNICATIONS

                                  REGULATION 28 CFR 35.160 GENERAL

        (a) A public entity shall take appropriate steps to ensure that communications with applicants,
participants, and members of the public with disabilities are as effective as communications with others.
        (b) (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program,
or activity conducted by a public entity.
       (2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary
consideration to the requests of the individual with disabilities.

                                                    FINDING

         WSBE TV 36 is not equipped to caption for the deaf locally produced public or instructional television
programs. WSBE TV does not determine whether public or instructional television programs purchased from
third parties are captioned for the deaf. WSBE TV does provide interpreters for the deaf during candidate
debates and televised addresses of the Governor. The Governor uses interpreters for the deaf at his press
conferences and other public functions. The commercial broadcast stations do not always include the interpreter
on camera when they televise the Governor’s addresses.
         The General Assembly’s Capitol TV televises all sessions of the House of Representatives, live. When
the House and Senate are both in session, the Senate sessions are broadcast on a delayed basis, immediately
following the House session. Hearings of the House Finance Committee are televised live. Hearings of other
committees are televised live if of great public interest. At present events televised by Capitol TV are not
captioned for the deaf. When interpreters for the deaf are present, the interpreter appears on camera. Most
sessions of the General Assembly and its committees do not have interpreters for the deaf present. In the past
commercial broadcast stations have objected to interpreters for the deaf being included on any “pool” signal
being transmitted from the State House, via Capitol TV.
         The State Open Meetings Law ( 42-46-13) requires public bodies to include a description of the
procedure for requesting an interpreter for the deaf at any meeting, workshop, working session, etc. of the
public body. All state agencies conducting workshops, seminars, conferences, pre-bid conferences, etc. are
required to include information concerning the procedure for requesting interpreters for the deaf. Most, but not
all state agency advertisements, notices of meetings, conferences, seminars, etc. do contain a description of the
process of requesting interpreters for the deaf (see 28 CFR 35.149).
         Most conference, meeting, and court rooms as well as classrooms at the colleges and vocational schools
are not equipped with assistive listening systems. The chambers of the House and Senate and two principal
hearing rooms have assistive listening systems. The state is in the process of installing
assistive listening systems in meeting rooms and court rooms.
        Orally delivered information, such as via a public address system are not also available in a format
accessible to and usable by individuals with hearing impairments.
        The State Open Meetings Law also requires public bodies to provide audio tape copies of the minutes of
their meetings, upon request to individual reading impairments. Most state agencies have not adopted a
procedure for providing visually delivered material in an accessible and usable format for individuals with
vision/reading impairments. Procedures for acquiring readers for the blind have not been adopted by most state
agencies. Most state agency notices of conferences, meetings, seminars, etc. do not contain a description of the
process for requesting readers or other assistive services (see 28 CFR 35.149). Visually delivered information,
such as video texts displays at the state airport and colleges is not provided in a format accessible to and usable
by individuals with vision or reading impairments.
        WSBE TV does not have a third audio channel transmitter to broadcast the auditory descriptions of the
visual action.
        Many state agencies have not adopted procedures for providing auxiliary aids and services (see 28 CFR
35.149).

                                               PLAN OF ACTION

        Simultaneous closed captioning of state government television programming will be provided. This
action will ensure accessible through closed captioning of all live or taped television programs (signals)
produced by or for the state government, including broadcasts from the General Assembly, WSBE TV,
Emergency Management Agency, press conferences at the State House, public service announcements,
government agency cable tv shows (ABLE TOO..., PUC, etc.), or televised seminars and telecourses. The
inclusion of captioning for the deaf will be required for all new programming that is purchased for instructional
or college credit TV by WSBE TV, the state colleges or the Department of Education.
        Simultaneous closed captioning is a new and expanding field, with a rapidly changing technology. In
addition to government programming, simultaneous closed captioning has vast commercial potential. The
Coordinating Committee on the ADA will establish a subcommittee to investigate the potential for developing
the private simultaneous closed captioning industry in Rhode Island as well as to ensure that all state
government television programming is captioned.
        Closed caption decoders will be purchased and attached to tv monitors in the House and Senate galleries
and hearings rooms 35 & 313, spectators with hearing impairments will be able to view the proceedings with
instantaneous captions.
        Interpreters for the deaf would be available, upon request, when individuals wish to make presentations
to legislative committees or when attending hearings in committee rooms without tv monitors. The bulletin
boards for legislative hearings will contain a large banner with the phone numbers for requesting interpreters for
the deaf and readers for the blind. Interpreters for the deaf will be provided at all press conferences conducted
by state officials, which are to be televised live. The
commercial broadcast TV stations will be asked to include the interpreter on camera. The Attorney General will
request a ruling from the FCC on the refusal of commercial broadcasters to include the interpreter in live
broadcasts. Capitol TV shall include interpreters for the deaf, until closed captioning is available, on camera
whenever the interpreter is present. Interpreters for the deaf will be provided upon request at any meeting,
hearing, seminar, pre—bid conference, etc. from a central interpreter fund. Interpreters for the deaf, for other
activities, such as semester long engagements shall be provided by the agency, operating the program, service,
or activity needing to be interpreted.
         The state is installing a video text display board to print duplicate announcements made over the public
address system at the state airport. The State Building Commission, as part of its inspection of state owned
facilities for programmatic access, will identify those facilities needing assistive listening systems, video text
display boards, etc. That information will be used by the Governor’s Commission on the Handicapped’s
Accessibility Committee in the development of the “ADA/504 Transition Plan” (see 28 CFR 35.150).
         A third audio channel transmitter will be provided to WSBE TV 36 through the Accessibility
Renovation Fund to carry the descriptive audio service for the blind. Readers for the blind will be provided
upon request at any meeting, hearing, seminar, pre—bid conference, etc. from a central reader fund. Readers for
the blind, for long term engagements shall be provided by the agency or college operating the program, service,
or activity needing such services. Information available on video text displays will also be made available on
audio tapes or other format accessible to and usable by individuals with vision or reading impairments. A
central documents reproduction service will reproduce any state document on audio tape or other format
accessible to and usable by individuals with vision or reading impairments.
ITEM                                         LEAD AGENCIES                         DEADLINE               COST
Purchasing only captioned video tapes        Telecomm. Authority,
                                             Department of Education &
                                             the state colleges                    March 1, 1992     10,000/yr14
Purchase Assistive Listening Systems         State Building Comm.                  July 1, 1992       150,00015
Planning Simultaneous Closed Caption         Coordinating Cmte on ADA              July 1, 1992          NONE
Purchase Third Channel Transmitter           State Building Comm.                  July 1, 1992        35,00016
Providing Interpreters                       Comm. o/t Deaf & HI                   July 1, 1992      50,000/yr17
Installing video text display                State Building Comm.                  July 1, 1992        65,00018
Providing Readers                            Dept. of Elderly Affairs              July 1, 1992          NONE
Installing speech synthesizer for            State Building Comm.
video text monitor                                                                 July 1, 1992         17,00019
Establishing document                        Regional Library f/t Blind &
reproduction centers                         Secretary of State                    July 1, 1992        24,00020
Audio Tapes of Bulk Mailed Documents         Treasury & Taxation                   July 1, 1992         2,00021
===============================================================================
                 REGULATION 28 CFR 35.161 TELECOMMUNICATION DEVICES FOR
                                     THE DEAF (TDD’s)

        Where a public entity communicates by telephone with applicants and beneficiaries, TDD’s or equally
effective telecommunication systems shall be used to communicate with individuals with impaired hearing or
speech.

                                                  FINDING

        The state distributes TDDs and other assistive devices to modify telephones to state residents with
hearing, speech or neuromuscular impairments under a state law (§ 39—23).
         All state departments and most of the other state agencies have telecommunication devices for the deaf
(TDD). Due to recent reductions in the workforce, many state agencies/departments’ employees are not
adequately trained in the use of TDDs. The Community Development Training unit provides training in the use
of TDDs, at least twice a year. The state 800 telephone operator does not have a TDD.
         The telephone directory’s listing of state agency phone numbers contains both within each agency’s list
and separately a listing of TDD numbers. Most state agency stationery does not list TDD numbers, some don’t
list any telephone number.

                                             PLAN OF ACTION

        At least one TDD will be provided to each state agency. One permanent and two back up TDD
operators will be trained at each agency that has a TDD (see 28 CFR 35.133). The state 800 telephone operator
will be provided with a TDD, the number will be listed as voice and TDD in the telephone directory. All state
agency stationery will list their TDD number when stationery is reprinted.

ITEM                               LEAD AGENCIES                                  DEADLINE             COST
Providing TDDs to all agencies     State Building Comm.                           March 1, 1992       13,50022
Listing of TDD number on stationeryDept. of Administration                        March 1, 1992        NONE

===============================================================================

        REGULATION 28 CFR 35.162 TELEPHONE EMERGENCY SERVICES
      Telephone emergency services, including 911 services, shall provide direct access to individuals who
use TDD’s and computer modems

                                                  FINDING

        The E 911 system has TDDs and trained operators available 24 hours a day. All E 911 telephone
operators are trained in the use of TDDs. The State Police has TDDs operational 24 hours a day. Most of the
other emergency telephone services: Department of Health; Historical Preservation Commission; Fire Marshal’s
Office; Department of Children, Youth and Families; Governor’s Office of Energy, Housing &
Intergovernmental Relations and the college campus police, either don’t have the agency TDD at the emergency
number, don’t have operators trained in the use of TDDs, or don’t have a TDD.
                                                 PLAN OF ACTION

       A separate TDD and backup will be provided to each state agency that operates emergency or hot line
telephone services. All emergency telephone service operators will be trained and certified in the proper use of
TDDs, including language used, etc. All advertisements/announcements will note that the hot line/emergency
numbers are voice/TDD.

ITEM                                           LEAD AGENCIES                           DEADLINE                COST
Providing TDDs to all
emergency service providers                    State Building Comm.                    March 1, 1992          $5,50023
Listing of TDD number on stationery            Dept. of Administration                 March 1, 1992           NONE

===============================================================================

                       REGULATION 28 CFR 35.163 INFORMATION AND SIGNAGE

        (a) A public entity shall ensure that interested persons, including persons with impaired vision or
hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.
        (b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing
users to an accessible entrance or to a location at which they can obtain information about accessible facilities.
The international symbol for accessibility shall be used at each accessible entrance of a facility.

                                                      FINDING

        Many state facilities, whether owned or leased by the state, do not provide raised letter signage directing
individuals to accessible services, activities, facilities. The state does not publish (in print or on tape) listings of
the accessible locations of its services, programs, or activities.
        Most state facilities, whether owned or leased by the state, do not have signage at all inaccessible
entrances directing users to an accessible entrance or to a location at which they can obtain information about
the accessible location of the services, programs, or activities. The international symbol for accessibility is not
posted at each accessible entrance of most state facilities.

                                                 PLAN OF ACTION

        The State Building Commission, as part of its inspections of leased facilities and state owned facilities
for programmatic accessibility shall identify those facilities needing signage. That information will be used by
the Governor’s Commission on the Handicapped’s Accessibility Committee in the development of the
“ADA/504 Transition Plan” (see 28 CFR 35.150). The Governor’s Commission on the Handicapped will
compile a directory of inaccessible state facilities and the locations of the accessible sites of their services,
programs, and activities. The directory shall be made available at no charge in print, audio tape, and diskette
and annually updated.
ITEM                                  LEAD AGENCIES                         DEADLINE               COST
Installing signage                    State Building Comm.                  March 1, 1992          $10,00024
Publishing a list of accessible
programs, services, & activities      Gov. Corn m. o/t Handicapped          April 1, 1992          see note 2
===============================================================================

                         REGULATION 28 CFR 35.164 DUTIES

         This subpart does not require a public entity to take any action that it can demonstrate would result in a
fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative
burdens. In those circumstances where personnel of the public entity believe that the proposed action would
fundamentally alter the service, program, or activity or would result in undue financial and administrative
burdens, a public entity has the burden of providing that compliance with this subpart would result in such
alteration or burdens must be made by the head of the public entity or his or her designee after considering all
resources available for use in the funding and operation of the service, program, or activity and must be
accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply
with this subpart would result in such an alteration or such burdens, a public entity shall take any other action
that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum
extent possible, individuals with disabilities receive the benefits or services provided by the public entity.

                                                    FINDING

       No response (finding, plan of action, lead agencies, estimated cost, nor deadlines) needed.
                                  APPENDIX I. FINANCIAL END NOTES



  (1) Regulation 28 CFR 35.106 Notice — Publishing Nondiscrimination Announcement — currently several
agencies that receive federal funds each publish a nondiscrimination announcement annually. The plan calls for
consolidation of all those announcements into one announcement each year for the entire state government.
Cost reduced from present by at least 50% and can be included in the “indirect charges” formula for federal
grants.

(2)Regulation 28 CFR 35.107 Designation of Responsible Employee —Coordinate Compliance — Governor’s
Commission on the Handicapped’s Coordinating Committee on the ADA and its ADA staff functions. 39,140
for Personnel and 8,436 for operation expenses.

(3) Regulation 28 CFR 35.130 General Prohibitions — Office of Personnel Administration (including the Equal
Opportunity Office and the Office of Community Development & Training). Personnel expenses of OPA for:
providing training to contractors, vendors, and grantees on the ADA; [28 CFR 35,134] revising affirmative
action plans and personnel rules; [29 CFR 1630.4] creating a central list of job notices, reviewing job
descriptions and the operations of benefit providers; [29 CFR 1630.6] drafting reasonable accommodation and
nondiscrimination clauses of labor contracts; [29 CFR 1630.9] drafting “undue hardship” rules and developing a
reasonable accommodation request procedure; [29 CFR 1630.13] drafting medical examination, employment
entrance examination, and bar of claims rules; overseeing compliance to the ADA personnel requirements
throughout state government and coordinating ADA compliance within the Department of Administration.
142,373.

(4)Regulation 28CFR 35.133 Maintenance of Accessibility Features — Master agreements on maintenance of
equipment — Reduced cost through group purchasing of repair contracts.

(5) Regulation 28 CFR 35.133 Maintenance of Accessibility Features — Determination of other master
agreements — see # 4 above.

(6) Regulation 29 CFR 1630.04 Discrimination Prohibited — Central listing of all job notices — telecomputer
listing of all job vacancies at the Office of Personnel Administration. 15,000 of software and tele-information
equipment.

  (7)Regulation 29 CFR 1630.09 Not MakingReasonable Accommodations — Job analysis — 5,000/yr for Fl
92 & 93, reduced to p2,000/yr in following years. (5% of newly employed workers with disabilities).

(8)Regulation 28 CFR 35.149ProgramAccessibility: Discrimination Prohibited — by listing the process for
requesting interpreters for the deaf and readers for the blind each meeting notice, etc. only once per page
advertisement costs
(9)   Regulation 28 CFR 35.149 Program Accessibility - purchase of auxiliary aids:
        6 Automatic Page Turners @ $100.00
        6 Braille Translator (page scanner/reader) @ $500.00
        6 Voice to Text Dictation (adapting computer) @ $700.00
        6 Page Scanner/Reader (w/computer) @ $6,800.00
        1 Page edge Scanner/Reader @ $7,500
        6 Closed Circuit TV Reading Aid @ $3,600.00
        12 Page Scanner/Reader (book edge/stand alone) @ $9,950.00
   20 Speech Synthesizer (for computer) @ $850.00
Grand Total                                                              $214,100

(10) Regulation 28 CFR 35.149 Program Accessibility - Central Pool of Auxiliary Aids - $18,000/yr for
storage space at the Regional Library for the Blind & Physically Handicapped to create an assistive technology
center to demonstrate equipment, assess needs, train in its use, maintain and distribute to agencies as needed.
This center would also reproduce state documents in tape or braille as requested.

(11)    Regulation 28 CFR 35.150 Existing Facilities - Curb Cut Transition Plan - RIDoT to contract survey
Federal Highway Funds will cover most costs, state’s share unknown.

(12)Regulation 28 CFR 35.150 Existing Facilities * - Implementing the ADA/504 Transition Plan — ~$5
million, of which $2.4 million would be from the Asset Protection Fund. Facilities to be renovated (if on-site
inspection determines renovations are needed) include in order of priority.
* and Regulation 28 CFR 35.163 Information and signage
I. Facilities serving individuals with disabilities:
a) Mental Health Advocate - Cottage 405 Court B, Medical Center [to ensure 1st floor & restroom access]
b) Executive Department/ Office of Substance Abuse Talbot House, Wallum Lake (treatment facility)
[complete access], Caritas House, Medical Center (treatment facility) [complete access], Tank Town Apt A
and/or Norville, Wallum Lake (transitional housing) [to ensure at least 1 apartment and the common spaces are
accessible]
II. Facilities serving the general public (including individuals with disabilities):
a) Dept. of Mental Health, Retardation & Hospitals - Welcome Arnold Bldg., Medical Center (shelter for the
homeless) [complete access],
b) Dept. of Human Services - food stamp, welfare, etc. facilities [facilities owned by state - complete access,
also inspect & install signage at occupied and leased facilities and advise landlords of other renovations],
c) Office of the Public Defender [inspect and if rented, install signage and notify landlord of other
renovations, if state owned make completely accessible],
d) Executive Dept.- State Police Scituate Headquarters [complete access],
e) Executive Dept. - Military - The Armories used for emergency shelters [complete access for ground level
sleeping and rest rooms],
f) University of RI & Dept. of Environ. Management -Agriculture, Cooperative Extension Service Facilities
[access to classrooms, examination rooms, & rest rooms],
g) Facilities needing signage:
Commission for Human Rights; Higher Education Assistance Authority; Community College of RI;
RI College; University of RI; Child Advocate’s Office;
Dept. for Children, Youth, & Families; Dept. of Administration - Powers Building; Executive Dept. - Council
on the Arts; Dept. of State Library Services; Office of Higher Education;
RI Public Transit Authority; Dept. of Economic Development; Treasury Department;
Dept. of Mental Health, Retardation & Hospitals;
Dept. of Transportation — Administration Building & Registries of Motor Vehicles and;
Dept. of Environ. Management - Water Resources Office Air & Hazardous Materials Office
h) Dept. of Transportation - Westerly Airport
i) University of RI
1) Carlotti Administration Building
2) Washburn Hall Marine Affairs Center [inspect computer lab and research library, determine if off-site
computer terminal can be installed to provide access]
3) Rodman Hall Community Planning Center [inspect computer lab and research library, determine if off-site
computer terminal can be installed to provide access]
4) Laundry Rooms in dorms [relocate one dryer and washer to accessible floor in each dorm]
5) Alton Jones Environmental Center Cabins
6) Roosevelt Hall Learning Assistance (currently operate
tutorial services in vacant rooms as need arises)
j) Department of Administration - Powers Building [cafeteria &
signage]
III. Administrative and Support Service Facilities:
Executive Dept., Justice Commission
a) Dept. of Environ. Management, Enforcement Division - 83 Park Street;
b) Depart. of Mental Health, Retardation & Hospitals
1) Zambarano Hospital Laundry
2) Medical Center Cottage 402 & Cottage 403 [ground level and rest room access];
3) Medical Center Central Power Plant, Facilities & Maintenance Administration and E Ward, Center Bldg.
supply center [admin. office, rest rooms & visual fire alarms];
                               RI SELF- EVALUATION COMPLIANCE PLAN

e) Dept. of Transportation — 17 Highway Maintenance Garages

The following facilities are “auxiliary” sites operated independently of state government , on state property.
They will also need to be made accessible. The appropriate funding procedures are being researched.
        Faculty Housing - URI
        Health Services X Ray - URI
        Youth Hotel - URI
        Roger Williams Dining Hall — URI
        University Club - URI
        Graduate Housing - URI

Existing Facilities not to be renovated:
Dept. of Education, Roger Williams Building [to be torn down]
Existing Facilities with renovations already planned [Phase III of the Access for All in the Ocean State $2
million bond issue approved in 1988]:
State House Blackstone Valley Sewer Authority
Bridge and Turnpike Authority
Dept. of Mental Health, Retardations, & Hospitals
Zambarano Memorial Hospital
Regan Conference Center
Dept. of Health, Cannon Building
Executive Department —
Military, Market Street Armory
Historical Preservation Commission, Old State House
Judiciary, All Court Houses
Coastal Resources Management
University of RI - Dormitory Rooms
Dept. of Education – Regional Vocational Schools

Existing Facility undergoing general renovations, accessibility to be incorporated:
Department of Transportation, Green State Airport, North Central State Airport, and Quonset State Airport.
(13) Regulation 28 CFR 35.150 Existing Facilities – Curb Cut installation at every intersection state road @
$1,034 — Federal Highway Funds will cover most costs, state costs undetermined.
(14) Regulation 28 CFR 35.160 Communications – General – Purchasing of captioned video tapes, Community
College of RI $15,000 to replace existing series and $10,000/yr for captioned version of video tapes.
(15) Regulation 28 CFR 35.160 Communications: General – Assistive Listening Systems -
       30 FM Transmission Systems (for the Courts) @ 1,000.00 *
       80 FM Transmission Systems (or Colleges & Voc. Schools) @ $1,000.00
       100 Personal Systems (for Colleges & Voc. Schools) $700
       Total $15000
                             RI SELF- EVALUATION & COMPLIANCE PLAN


* the Courts systems are being charged to the third bond issue .

(16) Regulation 28 CFR 35.160 Communications: General – Purchase of third channel transmitter for WSBE
TV 36 to transmit descriptive video service to viewers w/ vision impairments. $35,000.

(17) Regulation 28 CFR 35.160 Communications: General – Providing Interpreters - $50,000 – The
Commission on the Deaf would provide interpreters for meetings, seminars, hearings, court proceeding
(approximately $25,000) etc. as requested from a central funding pool, rather than charging each agency. A
portion of this fund could be included in the “indirect costs” formula.

(18) Regulation 28 CFR 35.160 Communications: General – Installing video text displays:
       10 video text display boards @ $6,500           Total $65,000

(19) Regulation 28 CFR 35.160 Communications: General – Speech synthesizer for 20 video text monitors @
$850.00 Total $17,000

(20) Regulation 28 CFR 35.160 Communications: General – Establishment of document reproduction centers –
at the Secretary of State’s Document Center and the Regional Library for the Blind & Physically Handicapped,
purchase 2 book edge page scanner/reader & computer with speech synthesizer and audio tape recorder. @
12,000.

(21) Regulation 28 CFR 35.160 Communications: General – Audio tape versions of the personnel income tax
booklet (Taxation) and the listing of dormant accounts (Treasury) @ $1,000. $2,000.

(22) Regulation 28 CFR 35.161 Telecommunications Devices for the Deaf – Providing TDDs to all agencies:
        27 TDDs (Ethics Comm., Child Advocate; DoT [2]; Dept. of Economic Develop.; Mental Health
Advocate; URI [7]; Historic Pres. Comm.; Military; Coastal Resource Management; DoA’s 800# and 10
spares).
     @$500           Total $13,500.

(23) Regulation 28 CFR 35.162 Telephone Emergency Services – providing 11 TDDs for: Health Dept.;
Heating Assistance; College campus police (7); Child Abuse; and Arson; @ $500.00 Total $5,500

(24) Regulation 28 CFR 35.163 Information and Signage – Installing Raised Letter & Directional Signs. See
end note #12
       Total $10,000
                                                                   .
                     APPENDIX II STATE AGNECY ADA COORDINATORS

           RI Attorney General’s Office                          RI General Treasurer’s Office
           Donald Deignan                                        Josephine J. DiRuzzo
           72 Pine Street                                        40 Fountain Street 8th £1
               Providence RI 02903                               Providence RI 02903
               274—2424/voice 274—2424/tdd                       277—3644/voice
                                                                 277—2397/State house tdd
                                                                 277—2203/Fountain St tdd

               RI Governor’s Office                              RI Lt. Governor’s Office
               •Peter Dennehy                                    Michelle O’Brien
               State House                                       State House Room 317
               Providence RI 02903                               Providence RI 02903
               277—2080/voice 277—3700/tdd                       277—2371/voice 277—2371/tdd
               273—5729/fax                                      277—2012/fax


                        RI Secretary of State Office
                                        Judy Dennis—Hertzler
                        State House
                        Providence RI 02903
                        277—2357/voice 277—2311/tdd
                        277—1356/fax

RI Senate
Alan Merrit
Senate Majority Leader’s Office
State House Room 318
Providence RI 02903
277—6655/voice 277—6659/tdd

                        RI Judiciary
                        Gail Higgins Fogarty
                        250 Benefit Street
                        Providence RI 02903
                        277—3266/voice 277—3269/tdd
                        277—3599/fax

               RI Office of Higher                               Community College of RI
               Orestes Monterecy                                 John White
               301 Promenade Street                              Knight Campus
               Providence RI 02903                               Hilton Street
               277—6560/voice 277—1350/tdd                       Providence RI 02903
               Education                                         455—6011/voice 825—2238/tdd


           RI College                                          456—8379/fax
           •    Dr. James Cornelison
           600 Mount Pleasant Avenue
           Providence RI 02908
           456—8200/voice 456—8061/tdd
University of Rhode Island                            Kingston RI 02881
Barbara Roberts                                       792—2101/voice 792—2285/tdd
Memorial Union


           RI Higher Education Assistance Authority
                          Russell A. Woodward
           560 Jefferson Boulevard
           Warwick RI 02886
           277—2050/voice 277—6195/tdd
           732—3541/fax
    RI Department of Administration   Bill Feeney
Armando D’Iorio                       Business Management Office
Office of Personnel Administration    233 Richmond Street
One Capitol Hill                      Providence RI 02903
Providence RI 02903                   277—2216/voice 277—2223/tdd
277—2160/voice 277—3090/tdd           277—6098/fax
 277—6378/fax
                                      RI Dept. for Children, Youth
 RI Office of Child Advocate          and Families
                                      Thomas M. Bohan
 Laureen D’Ambra                      Office of the Director
260 West Exchange Street Suite 002    610 Mt. Pleasant Ave Bldg. 7
Providence RI 02903                   Providence RI 02908
277—6650/voice                        457—4703/voice 457—5363/tdd
277—6652/fax
                                      RI Commission for Human Rights
                                      Nick Palazzo
RI Coastal Resources Management       10 Abbott Park Place
Council                               Providence RI 02903
 Jeffrey Willis                       277—2661/voice 277—2664/tdd
Oliver Stedman Government Center      277—2616/fax
4808 Tower Hill Road
Wakefield RI 02879
277—2476/voice                        RI Convention Center Authority
                                      John Conway
RI Consumers’ Council                 One LaSalle Square
Edwin P. Palumbo                      Providence RI 02903
365 Broadway                          351—2700/voice
Providence RI 02909
277—2764/voice                        RI Department of Economic Devel.
                                      Ike Wallace
RI Department of Corrections          7 Jackson Walkway
Barry Levin                           Providence RI 02903
75 Howard Avenue                      277—2601/voice
Cranston RI 02903
4
  64—2554/voice                       RI Dept of Elem. & Sec. Education
                                      Frank Walker
RI Department of Elderly Affairs      Office of Civil Rights & Personnel
Anthony Zompa                         22 Hayes Street
160 Pine Street                       Providence RI 02908
Providence RI 02903                   277—2042/voice 277—2O31/tdd
277—2858/voice 277—2880/tdd           277—6178/fax
277—2130/fax
                                      RI Department of Environmental
                                      Management
RI Dept of Employment & Training      Frederick J. Vincent
Mike Hayes                            83 Park Street
101 Friendship Street                 Providence RI 02903
Providence RI 02903                   277—2776/voice 277—6800/tdd
277—3675/voice 277—3718/tdd           277—2591/fax
277—2731/fax
RI Department of Business Regs.
RI Ethics Commission                 Advisory Commission on Women
           Mark Eckstein             Mary Deibler
43 Jefferson Blvd.                   67 Cedar Street
Warwick RI 02888                     Providence RI 02903
277—3790/voice                       277—6105/voice
461—7049/fax                         351—9407/fax

                                     RI Executive Department
RI Executive Department              Council on the Arts
Comm. on the Deaf & Hearing Imp.     Barbara Conley
Jeanne Panarace                      95 Cedar Street Suite 103
1 Capitol Hill                       Providence RI 02903
Providence RI 02908                  277—3880/voice 277—3880/tdd
277—1204/voice 277—1205/tdd
                                     RI Executive Department
RI Executive Department              Division of Fire Safety
Developmental Disabilities Council   Carl laciofano
Colleen Molloy                       1270 Mineral Spring Avenue
600 New London Avenue                North Providence RI 02904
Cranston RI 02920                    277—2335/voice 277—2578/tdd
4
  64—3191/voice 464—3191/tdd
                                     RI Executive Department
RI Executive Department              Emergency Management Agency
E 911                                Louise Arsenault
Gail A. Hogan                        State House Room 27
One Communications Place             Providence RI 02903
Providence RI 02903                  277—2368/voice 751—7635/tdd
274—0911/voice 274—0911/tdd
277—6516/centrex voice/tdd
                                     RI Executive Department
RI Executive Department              Governor’s Justice Commission
Governor’s Commission on             Norman Dakake
the Handicapped                      222 Quaker Lane
Bob Cooper                           Warwick RI 02886
555 Valley Street, Bldg. 51          277—2620/voice
Providence RI 02908                  277—1294/fax
277—3731/voice 277—3701/tdd
                                     RI Executive Department
RI Executive Director                Municipal Police Training Academy
Historical Preservation Comm.        Glenford J. Shibley
Don Faxon                            Louisquisset Pike (CCRI)
150 Benefit Street                   Lincoln RI 02865
Providence RI 02903                  277—3753/voice
277—2678/voice                       726—5720/fax
277—2968/fax
                                     RI Executive Department
RI Executive Department              Office of Housing, Energy
Office of the Adjutant General       and Intergovernment
Col. John J. Flanagan                Kenneth Brown
1051 North Main Street               275 Westminster St 3rd fi
Providence RI 02904                  Providence RI 02903
4                                    277—6920/voice            1—800—253—
  57—4235/voice
457—4302/fax                         4328/tdd
RI Executive Department              277—1260/fax
      Office of Substance Abuse         Marianne 3. Beirne
      R. Panarello                      250 Benefit Street Room 204
      State House                       Providence RI 02903
      Providence RI 02903               277—3510/voice
      277—2080/voice
                                        RI Department of Health
      RI Executive Department           William 3. Waters Jr.
      State Police                      3 Capitol Hill Room 402
      Lt. David M. Driscoll             Providence RI 02908
      Box 185                           277—2228/voice 277—2506/tdd
      No Scituate RI 02857              277—6548/fax
      647—5184/voice 647—5184/tdd
      647—0048/fax
                                        RI Housing & Mortgage Finance Corp.
      RI Health and Educational         Helen King
      Building Authority                60 Eddy Street
F.   Charles Goodwin                    Providence RI 02903
      400 Westminster St 2nd fi         751—5566/voice 4221—9799/tdd
      Providence RI 02903
      831—3770/voice
                                        RI Department of Labor
      RI Department of Human Services   Raymond DeStefanis
      William Messore                   220 Elmwood Avenue
      Vocational Rehabilitation         Providence RI 02907
      40 Fountain Street                457—1870/voice 457—1888/tdd
      Providence RI 02903
      277—2608/voice 421—7016/tdd
                                        RI Mental Health Advocate’s Office
      RI Lottery Commission             Ruth Glassman
      Peg Rose                          RI Medical Center Cottage 405
      1425 Pontiac Avenue               Cranston RI 02920
      Cranston RI 02920                 464—2003/voice
      463—6500/voice
                                        RI Narragansett Bay Water
      RI Department of MHRH             Quality Management Corp.
      Ralph Rodriquez                   Denise Mello
      600 New London Avenue             235 Promenade Street Suite 500
      Cranston RI 02920                 Providence RI 02908
      4                                 277—6680/voice 277—6680/tdd
        64—2431/voice 464—3313/tdd
      474—5570/fax
                                        RI Public Defender’s Office
      RI Public Building Authority      Rosemary Zelano
      Marilyn A. Derkaz                 100 North Main Street
      260 West Exchange Street          Providence RI 02903
      Providence RI 02903               277—3492/voice 277—3492/tdd
      421—2932/voice42l—2932/tdd
      421—6530/fax
                                        RI Public Utilities Commission
      RI Public Transit Authority       Bruce Stevenson
      Douglas Brown                     Division of Public Utilities
      265 Meirose Street                and Carriers
      Providence RI 02903               100 Orange Street
      781—9450/voice 461—9400/tdd       Providence RI 02903
      781—0130/fax                      277—3500/voice 277—3500/tdd
      Sheriff of Providence County
RI Solid Waste Management Corp.     RI State Board of Elections
Michael J. Carroll                  Janet Armstrong
260 West Exchange Street            50 Branch Avenue
Providence RI 02903                 Providence RI 02904
831—4440/voice                      277—2345/voice 277—2239/tdd
861—0830/fax

RI Dept of State Library Services   RI Telecommunications Authority
Beth Perry                          Ray Fass
Regional Library for the Blind      WSBE TV 36
and Physically Handicapped          50 Park Avenue
300 Richmond Street                 Providence RI 02907
277—2726/voice 277—2726/tdd         277—3636/voice
351—131 1/fax                       277—3407/fax

RI Department of Transportation     RI Water Resources Board
Marie McGlynn                       Christine A. Sturm
2 Capitol Hill                      265 Meirose Street
Providence RI 02908                 Providence RI 02907
277—2572/voice 277—2572/tdd         277—2217/voice
INDEX OF LAWS TO BE AMENDED

36—4—61 Special List of Eligibles mentally impaired, 26
37—8—15 Access for Physically Handicapped state leased facilities, 41

42—87 Discrimination Against Handicapped
association, 14
definitions, 7, 8
retaliation and coercion, 17
45—13.1.2
State Aid to Cities and Towns,funding withheld, 12

INDEX OF LEAD AGENCIES TO IMPLEMENT THE COMPLIANCE PLAN

Board of Governors
Chair Adopts ADA Plan, 5
Board of Regents
Chair Adopts ADA Plan, 5

Capitol TV
Broadcasting Nondiscrimination Notice, 6
Videotaping Nondiscrimination Notice, 6
Broadcasting Public Notices, 37 Cmty. Development Training
Training for contractors, 12
Community College of RI
Captioned Video Tapes, 46
Commission of the Deaf & Hearing Impaired
Interpreters for the Deaf, 46
Constitutional Officers
Adopt ADA Plan, 5
Coordinating Committee on the ADA
Coordinating Compliance, 7
Draft ADA Plan, 5
Simultaneous Closed Caption System, 46

Dept. of Administration
TDD #s on stationery Rule, 47, 48
Dept. of Education
Auxiliary Aids pool, 37
Captioned Video Tapes, 46
Dept. of Elderly Affairs
Providing Readers, 46
Dept. of Transportation
ADA Curb Cut Transition Plan, 41
Implement Curb Cut Transition Plan, 41
Div. of Purchasing
Implement GL 37—2 purchasing law, 12
Master Agreement on maintenance, 16
Master Agreements on maintenance, 16
Newspaper notice section, 37
Equal Opportunity Office
Affirmative Action Plans, 17
Grievance Procedure, 7
Monitoring grantees, 12
Nondiscrimination Clause, 27
Nondiscrimination Notice, 6
Nondiscrimination Posters, 6
Reasonable Accommodation, 27, 29
Tracking federal violators, 12
General Assembly
Amend GL 36—4—61, 26
Amend GL 37—8—15, 41
Amend GL 42—87, 7, 8, 14, 17
Amend GL 45—13—1.2, 12
Leaders Adopt ADA Plan, 5
Governor’s Commission on the Handicapped
Accessible Facilities List, 37
Accessible Program Location, 49
ADA/504 Transition Plan, 41
Amend GL 36—4—61, 26
Amend GL 37—8—15, 41
Amend GL 42—87, 7, 8, 14, 17
Amend GL 45—13—1.2, 12
Assistive Devices Procedure, 37
Employee Social Activities, 26
Grant Award Procedures, 12
Historical Preservation Variances, 41
Interpreter/reader Notice, 37
Selection of Auxiliary Aids, 37
Variances for Eligibility, 12

Judiciary
Chief Justice Adopts ADA Plan, 5

Labor Relations Office
ADA Clauses in Contracts, 27

Office of Higher Education
Auxiliary Aids pool, 37
Office of Personnel Administration
Bar of Claims Rules, 31
Central listing of job, 26
Employment Entrance Exams, 31
Medical Exam Rules, 31
Personnel policies, 17
Review benefit providers, 26
Review examinations, 26
Review Job Descriptions, 26
Undue Hardship Rules, 29
Workers’ Compensation Rules, 26
Office of Property Managment
Lease Clause, 16
Chair. Adopts ADA Plan, 5

Regional Library for the Blind & Physically Handicapped
Auxiliary Aids pooi, 37
Documents Reproduction, 46
RI College
Captioned Video Tapes, 46

Secretary of State
Document Reproduction Center, 46
State Building Commission
Accessible Facilities List, 37
ADA Access Rules in Building, 43
Distributing TDDs, 47, 48
Implement ADA/504 Transition, 41
Inspect contractors’ sites, 12
Inspect State Owned Facilities, 41
Inspection of Meeting Sites, 37
Installing signage, 49
Installing Speech Synthesizer, 46
Installing Video Text Display, 46
Master Agreements on maintenance, 16
Purchase 3rd Channel Transmit, 46
Purchase Assistive Listening Systems, 46
Purchase of Auxiliary Aids, 37
TDD Reserve Pool, 16

Telecommunication Authority (WSBE TV)
Captioned Video tapes, 46

University of RI
Captioned Video Tapes, 46

Vocational Rehabilitation
Job Analysis, 29
Reasonable Accommodation, 29

WSBE TV
Broadcasting Nondiscrimination Notice, 6
Broadcasting Public Notices, 37
(see Telecommunication Authority)